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(_CoU>>'-?  ■ 

RECORDS 

•  H^ 

OF   THE 

COLOIY  OR  JURISDICTION 


NEW  HAVEN, 

PROM  MAY,  1653,  TO  THE  UNION. 

TOGETHER  WITH  THE 

NEW   HAVEN    CODE    OF  1656. 

TRANSCRIBED    AND    EDITED    IN    ACCORDANCE    AVITH   A  RESOLUTION 
OF    THE    GENERAL    ASSEMBLY    OF    CONNECTICUT. 


By  CHARLES  J.  HOADLY,  M.  A. 

state  Librarian,  Member  of  the  Conn.  Hist.  See. 


HARTFORD: 
PRINTED  BY  CASE,  LOCKWOOD  AND  COMPANY 

1858. 


il^'    '. 


At  a  General  Assembly  of  the  State  of  Connecticut,  /widen  at  Neio 
Haven  in  said  State,  on  the  first  Wednesday  of  May,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-six  : 

Resolved,  That  the  secretary  be  authorized  to  purchase  for  the  use  of  the  state,  two 
hundred  and  fifty  copies  of  the  proposed  publication  of  the  Records  of  the  Colony  of 
New  Haven,  prior  to  the  union  with  Connecticut,  transcribed  and  edited  by  Charles 
J.  Hoadly,  Esq.  Provided,  that  such  publication  shall  be  authenticated  by  the  official 
certificate  of  the  secretary,  as  a  true  copy  of  the  original  record;  and  provided  ako, 
that  the  expense  of  the  same  shall  not  exceed  two  dollars  and  fifty  cents  per  volume. 

Resolved,  That  the  copies  so  purchased  be  distributed  as  follows ;  one  copy  to  the 
town  clerk  of  each  town  in  this  state,  to  be  preser^^ed  in  his  office  fpr  the  use  of  the 
town;  one  copy  to  the  governor,  and  to  each  of  the  state  officers  of  this  State;  one 
copy  to  the  governor  of  each  of  the  several  states  and  territories  of  the  United  States, 
to  be  deposited  in  their  several  state  libraries;  one  copy  to  the  library  of  congress; 
one  copy  to  the  Smithsonian  Institute;  one  copy  to  each  of  the  colleges  of  this  state; 
twenty-five  copies  to  Mr.  Alexander  Vattemare  for  international  exchange ;  and  the 
remainder  of  the  said  two  hundred  and  fifty  copies  to  be  deposited  in  the  office  of  the 
secretary,  subject  to  the  disposal  of  the  general  assembly. 


PREFACE, 


The  present  volume  comprises  all  the  Records  of  the  Jurisdiction 
of  New  Haven  now  known  to  exist,  except  the  few  entries  in  the 
•  Records  of  the  Colony  and  Plantation  of  New  Haven,'  printed  in  1857. 

In  the  Introduction  to  the  work  just  mentioned,  it  was  stated  that 
the  volume  of  Records  of  which  this  is  in  immediate  continuation,  had 
many  years  ago  disappeared ;  so  long  since,  indeed,  that  no  writer  on 
Connecticut  or  New  England  history  seems  to  have  had  an  opportu- 
nity to  consult  it.  Reference  is  made  in  this  book  to  two  places  in  the 
missing  volume,  one  as  fo:  17G,  said  to  contain  records  of  the  date  of 
May  30th,  1649,  the  other,  fo:  303,  containing  some  of  the  date  of 
May  29th,  1651.  The  Records  of  the  Town  of  New  Haven,  prior  to 
the  Union,  are  unbroken  in  their  series,  and  it  is  from  them,  together 
with  those  of  the  other  towns  in  combination,  that  the  history  of  New 
Haven  Jurisdiction  from  1644  to  1653  is  mainly  to  be  gleaned. 

The  same  cai'e  has  been  used  to  render  the  text  strictly  correct  and 
reliable  as  in  the  previous  volume. 

The  editor  has  taken  the  liberty  to  omit  a  few  passages,  indicated 
in  notes,  containing  details  of  evidence  in  some  criminal  cases,  for 
which  he  trusts  no  apology  is  needed. 

Several  documents  from  the  Files  of  the  State  have  been  inserted 
in  their  chronological  .oi'der  in  the  text.  This  seemed  to  the  editor 
better  than  to  throw  them  into  an  appendix.  They  are  printed  in  a 
smaller  type,  and  the  places  noted  where  the  originals  may  be  found. 

The  New  Haven  Laws  are  here  given  from  the  original  pi-inted 
cojjy  belonging  to  the  Library  of  the  American  Antiquarian  Society 
at  "Worcester,  Massachusetts,  which  has  been  very  kindly  loaned  for 
that  purpose.  That  copy  is  in  excellent  preservation,  and,  having  his 
name  written  upon  the  title  page,  with  the  date  1656,  is  supposed  to 
have  belonged  to  John  Davenport  himself.  As  the  book  is  of  great 
rarity,  and  perhaps  unique,  a  more  particular  description  is  added : 
it  is  a  small  quarto  of  eighty  pages,  though  at  signature  G  there  is  a 
break  in  the  paging,  none  being  numbered  47  or  48 — it  is  printed 
with  type  of  about  the  size  generally  used  in  the  body  of  this  volume, — 
it  has  no  running  title, — the  breadth  of  the  page,  exclusive  of  the 


iv  PREFACE. 

marginal  notes,  is  the  same  with  that  of  this  work,  and  its  length  six 
inches. 

A  fair  transcript  of  these  laws  is  now  in  the  Secretary's  office, 
which  was  made  by  Mr.  Bald^vin,  then  librarian  of  the  American 
Antiquarian  Society,  at  the  request  of  the  General  Assembly  in  1834. 

The  laws  contained  in  this  code  were  passed  at  various  times,  and 
perhaps  collected  and  digested  about  1648  or  1649,  though  revised 
and  in  some  degree  altered  in  1655,  upon  the  perusal  by  Governor, 
Eaton  of  the  'New  booke  of  lawes  in  y*'  Massachusets  colony,'  and 
the  '  Small  booke  of  lawes  newly  come  from  England,  w"''  is  said  to  be 
M'.  Cottons.'  Of  the  latter  the  full  title  is  given  in  the  note,*  and 
an  idea  of  its  contents  may  be  obtained  by  consulting  Hutchinson's 
Coll.  161,  and  1,  Mass.  Hist.  Coll.  v.  173.  Dr.  Trumbull,  Hist.  Conn, 
p.  235,  edit.  1797,  appears  to  have  confounded  it  with  another  work 
attributed  to  Cotton,t  but  with  reason  thought  to  be  by  Davenport. 

The  editor  acknowledges  renewed  obligations  to  those  gentlemen 
who  have  rendered  him  assistance  in  various  ways,  in  particular  to 
Hon.  Francis  DeWitt,  late  Secretary  of  the  Commonwealth  of  Mas- 
sachusetts, and  to  Mr.  David  Pulsifer,  of  Boston,  for  copies  of  docu- 
ments from  the  files  of  that  State,  to  Samuel  F.  Haven,  Esq.  of  Wor- . 
cester,  Mass.,  to  Henry  White,  Esq.  and  others  of  New  Haven,  Ralph 
D.  Smith,  Esq.  of  Guilford,  and  to  several  friends  in  this  city. 

Grateful  for  the  favor  with  which  his  former  volume  was  received, 
the  editor  believes  that  the  one  now  given  to  the  public  will  be  found 
of  much  greater  interest  and  importance.  If  it  shall  contribute  to 
foster  a  taste  for  the  study  of  the  original  materials  for  our  history,  he 
will  feel  that  his  labor  has  not  been  lost. 

State  Library,  Hartford,  C.  J.  H. 

May  3,  1858. 

*  An  Abstkact  of  Laws  and  Government.  Wlierein  as  in  a  Mirrour  may  be  seen 
thewisdome  &  perfection  of  the  Government  of  Christs  Kingdome.  Accomodable  to 
any  State  or  form  of  Government  in  the  world,  that  is  not  Antichristian  or  Tyranni- 
call.  Collected  and  digested  into  the  ensuing  Method,  by  that  Godly,  Grave,  and 
Judicious  Divine,  Mr.  John  Cotton,  of  Boston,  in  New-England,  in  his  Life-time,  and 
presented  to  the  generall  Court  of  the  Massachusets.  And  now  published  after  his 
death,  by  William  Aspinwall.  Isa.  33.  22.  Jehovah  is  our  Judge,  Jehovah  is  our  Law- 
giver, Jehovah  is  our  King,  he  will  save  us.  London,  printed  by  M.  S.  for  Liveivel 
Cliapman,  and  are  to  be  sold  at  the  Crown  in  Popes-head  Alley,  1655. — Small  4to. 
pp.  35,  with  title  and  preface  8,  and  analysis  and  eryata  2. 

t  A  Discourse  about  civil  government  in  a  new^lantation  whose  design  is  religion. 
Written  many  years  since  by  that  Reverend  and  worthy  minister  of  the  gospel,  John 
Cotton,  B.  D.  And  now  pubhshed  by  some  undertakers  of  a  new  plantation,  for 
general  direction  and  information.  Cambridge,  printed  by  Samuel  Green  and  Mar- 
maduke  Johnson,  1673,— Small  4to>  pp.  24.    Bacon's  Hist.  Disc.  289. 


HEOORDS 


JURISDICTIOI  OF  NEW  HAVEN 


[In  the  handwriting  of  Francis  Newman.] 


[1]    At  a  court  of  election  held  at  Newhauen  for  the 
Jurisdiction  the  25*^  of  May,  1653. 

Theophiliis  Eaton,  Esq'',  was  chosen  Gouerno^ 

Mf.  Stephen  Goodyeare  was  chosen  Deputie  Goiiernc. 

Francis  Newman  was  chosen  Magistrate  for  Newhauen. 

m/  lilnTsST'  I  ^'--"  ^^.^^'^'-'^  f--  *«"f"-^- 
M*".  William  Leete  was  chosen  Magistrate  for  Guilford. 
Theophilus  Eaton,  Esq  %  )    ,  ^   _.    .     ^ 

and  Capt.  Jno  Astwoodi  j  ^^^°^^^^  Comission^s. 

M^.  Leete  is  chosen  a  third  man,  and  M^  Goody eere  a 
fourth,  in  case  any  of  the  other  or  both  should  not  be  able  to 
attend  the  service. 

M"".  Joshua  Atwater  is  chosen  Treasurer. 

Francis  Newman  is  chosen  Secretarie. 

Thomas  Kimberly  is  chosen  Marshall. 

All  chosen  for  the  yeare  ensuing  and  till  new  be  chosen. 
1 


2  records  of  the  [1653 

At  a  Generall  Court  held  at  Newhauen,  for  the  Juris- 
diction, THE  25th  OF  May,  1653.     Present, 

M'\  Stephen  Goodyear,  Dept'  Gou'. 
Francis  Newman, 

Mf.  William  Fowler,  Magistrals. 

M^  William  Leete, 

William  Chittenden,  )  /.     p   -ip    -i  I  All  whcamew'h 

Mr.  Thomas  Jorden,  ]  ^°^'  ^uniora.  j>^-^^^^  cirtilicats. 

Richard  Law,  )  n  0^,  o  ^ 
171  •  -D  n  M'  for  c^tamford. 
Francis  Bell,   ) 


Jasper  Crane,       )  .     Ernndford 
Samnell  Swaine,  (  ^°'  J^iandtoid. 


First  the  deputies  pi'sented  cirtifycats  of  their  being  chosen 
to  this  trust  by  the  free-men  in  each  plantation ;  none  from 
South  hold  being  present  at  this  time,  wherefore  the  court 
ordered  that  those  deputies  Wh  were  appointed  for  carying  on 
civill  affaires  at  South  hold  the  last  yeere  are  continewed  still 
in  y*'  same  trust  till  further  order  from  this  court.* 

The  Court  was  informed  that  the  free-men  of  Stamford  desire 
a  constable  may  be  chosen  to  cary  on  the  publique  occasions 
in  their  towne,  and  they  haue  pitched  vpon  Richard  Law  if 
[2]  [the]  II  court  see  cause  to  confirme  it,  w^h  the  court  now 
did,  and  comitt  the  same  power  to  him  as  Francis  Bell  had  the 
last  yeare,  and  becaus  this  yeare  is  like  to  proue  verey  trouble- 
some and  many  occasions  may  present,  therefore  the  court 
orders  that  another  man  be  chosen  by  the  free-men  there  as  a 
marshall,  w^h  shall  be  helpfull  and  assistant  to  him  in  pub- 
lique buisnes  as  he  shall  appointe. 

It  is  ordered  that  twelue  horses  shall  be  kept  in  the  fiue 
townes  in  this  jurisdiction  that  are  vpon  the  maine,  viz'i :  foure 
at  Newhaven,  two  at  Millford,  two  ^t  Guilford,  two  at  Stam- 
ford &  two  at  Brandford ;  w^i  sufficient  furniture  for  trauell, 

*  In  margin,  "  Southold,  the  freemen  to  chuse  ano[ther]  in  Liv :  Buds  roome  if  they 
will." 


1653]  JURISDICTION  OF  NEW  HAVEN.  3 

and  to  bee  allwayes  in  a  readines  as  the  publiquc  occasions  of 
the  cuntiy  may  require ;  and  for  the  hire  of  the  horses,  the 
owner  shall  haiie  from  Newhaven  to  Connecticote  tenn  shil- 
lings, from  Millford  to  Stamford  ten  shillings,  from  Newhauen 
to  Millford  two  shillings  eight  pence,  or  foure  pence  a  mile, 
according  as  it  is  vsually  accounted.  The  charge  of  keeping 
the  horses  is  left  to  euery  towne  to  consider ;  the  hazard  of  the 
horse  to  be  vpon  the  owner,  but  the  charge  of  hiring  men, 
whether  messengers  or  others,  to  bring  horses  backe  againe, 
to  bee  at  the  publique  charge,  as  the  authority  of  the  place 
from  whence  they  are  sent  shall  agree  w^h  them. 

The  Court  considering  how  vsefull  horses  may  be  for  service 
in  warr  if  wee  should  haue  occasion,  and  how  few  there  is  left 
in  the  jurisdiction  w^h  are  at  present  capeable  of  being  made 
fitt  for  that  imployment,  thought  good  to  order,  that  no  horses 
be  sold  or  sent,  out  of  this  jurisdiction  wUiout  license  from 
those  psons  and  vnder  such  penaltie  as  it  is  ordered  in  case  of 
other  cattell. 

The  Deputies  that  were  chosen  to  cary  on  civill  affaires  at 
Brandford  the  last  yeare  are  againe  now  chosen  and  appointed 
to  the  same  trust  and  service  for  the  yeare  ensuing,  and  haue 
the  same  power  and  authority  comitted  to  them  as  they  then 
had. 

The  Court  considering  and  seing  by  experience  that  in  tliese 
troublesome  times  sundrie  occasions  come  suddenly  in  w^'li 
requires  the  attendance  of  some  w^h  may  act  in  them  as  they 
shall  conceive  best  for  the  publique  good  &  safety,  and  the 
court  being  vnwilling  to  continew  all  here  together  for  that 
purpose,  did  appointe  M^  Goodyere,  M^  Leete,  Francis  New- 
man, M^  Gibbard,  Benjamin  Fenn  &  M.  Crane,  as  a  comittee, 
to  whom  they  giue  as  full  power  to  act  in  any  sudden  buisnes 
that  may  fall  out,  (so  as  they  shall  judg  may  bee  for  the  good 
of  ye  jurisdiction,)  as  if  they  themselues  were  pi'sent  &  acted 
in  it. 


EECORDS  OF  THE  [1653 


[3]     At  a  Generall  Court  held  at  Newhauen  for  the 
Jurisdiction  the  29^^  of  June,  1653. 
Present, 
Magistrals. 
Theophiliis  Eaton,  Esq"",  Gou.  \ 

M^  Stephen  Goodyear,  Dept.  Gou.  >  Newhaven. 
Francis  Newman,  Magistrat,  ) 

Capt.  John  Astwood,  Mag:  for  Millford. 
Mr.  William  Leete,  Mag:  for  Guilford. 
Deputies. 
Mr.  Gibbard, 


TT         T  •    1       c  Newhaven. 
Henry  Lindon, 

Benjamiii  Fenn,  j  ^j.^^^^^^^ 

Robert  Treate,     ) 

M^  William  Chittendine,  )  (j^jifop^j 

M^  Thomas  Jordan,  \ 

M'.  Crane,  I  Brandford. 

Samuell  Swaine,  ) 
The  Gouerno""  acquainted  the  court  w^h  what  was  done  at 
the  comission  last  at  Boston,  concerning  the  warr  propounded 
against  the  Duch,  and  pticularly  w^h  an  interpretation  of  the 
Gencll  Court  of  the  Massackusets  of  the  Articles  of  Confede- 
ration, wherein  they  declare  that  the  comission''s  haue  not 
power  to  act  so  farr  in  matters  of  that  nature  as  to  make  an 
offencive  warr ;  these  wrightings  were  read,  and  the  interpret- 
ation was  much  disliked  by  the  court,  knowing  that  if  it  stood, 
the  combination  of  the  Colonies  must  be  broken  or  made 


The  Gouerno''  also  acquainted  the  court  w^h  a  late  confer- 
rence  w^h  himselfe,  Capt'  Astwood  and  M^.  Leete  hath  had 
w^h  the  magistrats  and  generall  court  of  Connecticote  Juris- 
diction, and  that  they  haue  agreed  to  send  the  minde  of  both 
the  generall  courts  to  the  Massachusets  concerning  that  inter- 
pretation, (that  from  this  colony  the  court  desired  the  gouerno'^ 
to  drawe  vp,  w^h  is  hereafter  entered,)  and  also  againe  to  de- 


1653]  JUEISDICTION   OF  NEW   HAVEN.  5 

sire  aide  and  assistance  from  them  in  this  vndertakelng  against 
the  Duch,  according  as  the  comissionrs  had  agreed,  that  is  fine 
hundered  men  from  all  the  colonies,  w^h  suitable  pvsions  for 
such  a  designe,  but  if  that  be  not  yeilded,  that  then  they  would 
give  leaue  that  we  vse  some  meanes  whereby  volunteeres  may 
be  procured  out  of  their  colonic,  wUi  shipping,  victualls  and 
amunition  fitt  for  that  service.  And  the  better  to  further  and 
accomplish  it,  it  is  agreed  that  foure  psons  shall  be  sent  as 
agents  or  comission''s  from  the  two  generall  courts,  that  is, 
two  from  Connecticote  and  two  from  hence.  Wherefore  the 
court  did  now  chuse  and  appointe  M"".  William  Leete,  one  of 
the  magistrats  of  this  jurisdiction,  and  M"".  Thomas  Jordan, 
one  of  the  deputies  for  the  generall  court  for  Guilford,  for  this 
service,  who  are  to  haue  comission  and  instructions  from  this 
court  to  authorise  and  direct  them  to  act  and  negotiate  in  this 
buisues,  and  to  give  the  comission'"s  a  call  to  sitt  here  at  New- 
haven  the  first  or  second  Thursday  in  August  next,  w^h  an- 
swer to  the  Massachusets  declaration*  and  the  comissions  and 
instructions  are  as  foUoweth, 

The  answer  of  this  Generall  Court  to  ye  Massachusets  declar- 
ation. 
Vpon  information  of  a  question  propounded  by  the  honno^'ed 
Generall  Court  of  the  Massachusets,  concerning  the  power 
of  the  comissionrs  to  determine  the  justice  of  an  offensive 
warr  and  the  answer  of  the  comittee  therevnto. 
This  court  hath  considered  and  compared  the  Articles  of 
Confederation  and  the  interpretation  together,  and  desire  they 
[4]    II  may  w^hout  offence  express  their  thoughts  and  appre- 
hensions in  ye  case. 

The  confederation  betwixt  the  colonies  was  no  rash  &  sud- 
den ingagemt,  it  had  bine  severall  yeares  vnder  consideration. 
In  anno  1638  there  was  a  meeting  at  Cambridg  aboute  it,  but 
some  things  being  then  propounded  inconvenient  for  the  lesser 
colonies,  that  conferrence  ended  wUiout  fruit,  and  the  foure 
jurisdictions,  though  knitt  together  in  affections,  stood  in 
refferrence  one  to  another  loose  and  free  from  any  express 

*  In  margin,  "  W<=h  declaration  is  recorded  in  y^  acts  of  y«  comission'-s  of  y=  Coll. 
May,  63." 


6  EECORDS  OF  THE  [1653 

couenant  or  combination,  till  vpon  a  new  invitation  and  prop- 
ositions from  the  Massaclmsets,  another  meeting  was  appoint- 
ed at  Boston,  in  May,  1643  ;  so  that  magistrts,  deputies  and 
free-men,  especially  those  of  the  Massaclmsets,  had  aboute  fine 
yeares  time  to  consider  what  they  were  aboute,  the  compass 
and  consequences  of  such  a  consociation,  and  probably  did  im- 
proue  it,  and  saw  cause  to  renew  the  treaty  so  long  suspended. 

2.  After  a  large  &  serious  debate  of  the  comittee  chosen 
and  impowered  by  the  seuerall  jurisdictions,  (the  Generall 
for  ye  Massachusts  then  sitting  at  Boston,  and  being  ac- 
quainted and  from  time  to  time  advised  w%  concerning  all 
and  every  article  treated  of,)  the  19'^  of  May,  1643,  a  firme 
agreement  was  made  &  concluded,  wherein  the  other  jurisdic- 
tions by  their  deputies,  the  Massachusetts,  both  by  their  depu- 
ties and  by  the  generall  court,  considering  that  wee  were  all 
of  one  nation  and  religion,  and  all  of  vs  came  into  these  pts  of 
America  w*h  one  and  the  same  end  and  aime,  and  (could  it 
have  bine  done  w'h  conveniency)  had  communicated  in  one 
gouerment  and  jurisdiction,  thought  it  their  bounden  duty 
w^hout  further  delay  to  enter  into  such  a  present  consociation 
as  whereby  the  foure  jurisdictions  might  be  and  continew  one, 
according  to  the  tennour  and  true  meaning  of  the  Articles  of 
Agreement,  and  that  thencforth  they  all  be,  and  be  called  by 
the  name  of  the  Vnited  Colonies  of  New  England. 

3.  Though  all  the  plantations  w<=li  allready  arc  or  hereafter 
may  be  duely  setled  w^hin  the  limits  of  each  of  these  foure 
colonies  are  to  be  and  for  eucr  to  remaine  vnder  the  gouer- 
ment of  the  same,  and  each  colony  to  haue  peculiar  jurisdic- 
tion w'hin  itselfe  as  an  intire  body,  as  expressed  in  the  3*^  and 
6th  Articles,  yet  till  now  that  was  neuer  vnderstood  to  cross  or 
abate  the  power  of  the  cofhission''s  in  things  proper  to  the  con- 
federation. The  colonies  vniting  did  for  themselues  and  their 
posterities  enter  into  a  perpetuall  league  of  frendshipp  and 
amity,  for  oifence  and  defence,  mutuall  advice  and  succour, 
vpon  all  just  occasions  for  the  joynt  safety  and  wellfare,  as  in 
the  second  Article.  The  charge  oi  all  just  warrs,  whether 
offensive  or  defencive  to  be  borne  by  the  foure  colonies  in  their 
severall  pportions,  &  the  advantage  of  all  such  warrs,  (if  God 


1653]  JURISDICTION  OP  NEW   HAVEN.  7 

give  a  blessinge,)  to  be  accordingly  devided,  as  in  the  4^^  Ar- 
ticle ;  and  for  the  managing  and  concludeing  all  such  affaires, 
by  express  agreement,  eight  comission's  are  to  be  chosen,  (all 
in  church  fellowship,  and  all  to  bring  full  power  from  their 
severall  generall  courts,)  namely  two  by  and  out  of  each  colo- 
ny, to  licare  and  examine,  weigh  and  determine,  all  affaires  of 
warr  and  peace,  leagues,  aides,  charges  and  numbers  of  men 
for  warr,  devision  of  spoyles  or  whateuer  is  gotten  by  conquest, 
receiving  of  more  confederats  or  plantations  into  combination 
wUi  any  of  these  confederats,  and  all  things  of  like  nature  w^h 
[5]  are  the  proper  concomitants  or  |1  consequents  of  such  a 
confederation,  for  amity,  offence  or  defence  ;  and  if  these  eight 
comission''s  when  they  meete  agree  not,  any  six  of  them  agree- 
ing haue  power  to  setle  and  determin  the  buisnes  in  question, 
but  if  six  doe  not  agree,  then  such  propositions  w^h  their  rea- 
sons to  be  sent  and  referred  to  the  foure  generall  courts,  &c., 
as  in  the  6'^  Article.  They  were  also  to  indeavo''  to  fram  and 
establish  agreements  and  orders  in  generall  cases  of  a  civill 
nature,  wherein  the  plantations  are  interessed,  for  p^serving 
peace  amonge  themselues  and  preventing  (as  much  as  may 
be)  all  occasions  of  warr  or  differrences  w'h  others,  as  aboute 
the  speedy  passage  of  justice  in  each  jurisdiction  to  all  the 
confederats  equally  as  to  their  owne,  &c.,  as""  more  largely  ap- 
pcares  in  y^  S^ii  Article,  so  that  certainly  and  wUiout  question 
these  foure  colonies  haue  by  a  perpetuall  covenant  invested 
the  coiTiission'"s  w'h  power  suiting  such  a  confederation,  and 
w^hout  it  the  cobination  must  either  breake  or  prove  vseles. 

4.  As  questions  and  scruples  may  arise  and  growe  about 
the  justice  of  an  offensive  warr,  so  conscience  may  be  exercised 
in  a  defensive  warr  and  concerning  leagues  and  aides.  Jehos- 
aphat  the  king  of  Judah  sinned  and  was  rebuked  by  two 
prophets,  Jehu  &  Eliezer,  for  joyning  w^h  and  helping  Ahab 
&  Ahaziah,  kings  of  Israel.  If  therefore  the  generall  court 
for  the  Massachusts  doe  now  conceive  and  interpret  that  the 
power  giuen  to  the  commission's  (men  of  the  same  nation,  of 
the  same  religion,  members  of  approued  churches,  who  came 
into  these  pts  for  the  same  ends  and  spirituall  aimes,  and  who 
had  coihunicated  in  one  and  the  same  gouerment  &  jurisdic- 


8  EECOBDS  OP  THE  [1653 

tion,  had  not  distance  of  place  hindered,)  in  an  offensive 
warr  is  a  contradiction  and  absurdity  in  policy,  a  scandall  to 
religion,  a  violation  of  fundamentall  law,  a  bondage  and  pros- 
tituting itselfe  to  strangers,  &c.,  they  may  at  their  next  meet- 
ing, vpon  the  same  or  like  grounds  conclud  against  leagues, 
aides,  a  defensiue  warr  &  other  pts  of  trust  and  power  where- 
w^h  the  comission'"s  by  the  Articles  are  invested,  and  the  three 
other  colonies,  or  the  generall  court  for  any  one  of  them,  may 
doe  the  like,  but  wee  feare  in  so  doeing  wee  shall  draw  guilt 
vpon  ourselues  in  violateing  a  perpetuall  league,  so  deliberatly 
and  firmely  made,  be  covenant  breakers  and  provoake  God 
against  vs. 

5.  It  may  be  considered  when  a  just  warr  in  ordinary  cases 
may  be  called  offensive  or  vindictive.  When  God  gaue  the 
land  of  Canaan,  their  citties,  vineyards,  &c.,  vnto  the  chilldren 
of  Israel,  Israel  was  the  staffe  or  sword  in  Gods  hand  by  his 
appointement  to  punish  a  rebellious  people,  the  measure  of 
whose  sinns  was  then  full,  but  ordinarily  and  in  refferrence  to 
men,  lawfuU  warrs  are  to  defend,  recover,  secure  or  get  satis- 
faction, in  case  of  just  possessions  or  rights  injuriously  invaded, 
seized  or  indangered  by  others,  w'h  respect  to  persons,  estates 
or  hono'"s,  when  other  meanes  will  not  serve ;  such  a  warr  was 
Davids  against  the  chilldren  of  Ammon,  2  Sam :  10,  and  such 
wee  conceive  was  the  late  warr  of  England  against  Scotland, 
and  their  p'^sent  warr  against  the  Duch. 

6.  Such  leagues  and  confederations  haue  bine  made  and 
continewed  amonge  other  people  and  provinces,  some  in  a 
subordination,  some  in  a  consociation,  vpon  some  seuerall 
[6]  articles  and  covenants  ||  wherein  power  hath  bine  granted, 
and  yet  customs,  priviledges  and  parts  of  gouerment  reserved 
for  the  safety  of  the  whole  and  conveniency  of  the  parts,  as 
may  appeare  in  the  different  agreements  and  setlements  of  the 
Netherland  Provinces,  and  the  confederation  of  the  cantons  of 
the  Switzers,  &c. 

7.  Wee  know  of  no  fundamentajl  law  of  these  colonies  vio- 
lated or  impared  by  the  Articles  of  Confederation,  as,  (till  now 
wee  conceive,)  they  haue  bine  clearly  and  fully  vnderstood  by 
the  whole  comittee  and  by  the  generall  court  of  the  Massa- 


1653]  JUEISDICTION   OP  NEW   HAVEN.  9 

cliusets,  whose  heads  and  hands  were  in  the  contriving  and 
frameing  of  them,  nor  is  there  any  such  deligateing  of  others, 
especially  of  strangers,  as  is  intimated.  The  freemen  of  the 
colonies  generally,  choose  their  owne  respective  comission''s, 
such  as  in  whom  they  may  confide,  and  accordingly  they  are 
invested  wUi  power  according  to  the  combination  covenant, 
and  for  these  ten  yeares  wee  haue  found  the  blessing  of  God 
vpon  our  vniting,  and  his  presence  and  assistance  vpon  the 
meetings  and  conclusions  of  the  comission''s. 

8.  According  to  the  intent  of  the  colonies  and  contrivers  of 
the  confederation,  hath  bine  the  practise  in  all  former  times. 
The  comissionrs  haue  mett  and  treated  wUi  power  onely  limit- 
ed to  the  Articles.  The  Indians,  French  and  Duch  haue  had 
recourse  to  them  in  all  matters  of  warr,  leagues,  aides,  &c. 
from  time  to  time;  but  this  most  clucrly  appeares  in  anno 
1645,  when  the  meeting  was  at  Boston,  and  the  generall  court 
for  the  Massachusets  had  some  agitations  w'h  the  commis- 
sioni's  aboute  an  offensive  warr  w'h  the  Narraganset  Indians, 
if  ye  warr  now  propounded  against  the  Duch  may  be  called 
offensive,  the  generall  court  would  haue  sent  a  comission  after 
the  soldio''s  gon  from  Boston  but  not  yet  out  of  the  jurisdic- 
tion, conceiveing  that  if  otherwise  any  blood  should  bee  shed, 
the  actors  might  be  called  to  account  for  it.  It  was  answered 
that  though  it  did  belonge  to  the  authority  of  the  severall 
jurisdictions  (after  the  warr  and  number  of  men  was  agreed 
by  the  comission''s,)  to  raise  the  men  &  pvide  meanes  to  cary 
it  on,  yet  the  proceeding  of  the  coinission^s,  and  the  comission 
given,  was  as  sufficient  as  if  it  had  bine  done  by  y^  Gen: 
Court,  for,  first,  it  was  a  case  of  such  vrgent  necessitie  as 
could  not  stay  the  calling  of  a  court  or  counsell. 

2.  In  the  Articles  of  Cofederation,  power  is  giuen  to  the 
comission'" s  to  consult,  order  and  determine  all  affaires  of 
warr,  and  the  word  (determine)  comprehends  all  acts  of  au- 
thority belonging  thereto. 

3.  The  Coiriission''s  are  the  sole  judges  of  the  necessity  of  y<= 
expedition. 

4.  The  Generall  Court  haue  made  their  comission''s  their 
sole  counsell  for  these  affaires. 

2 


10  RECORDS  OP  THE  [1653 

5.  Their  coiinseles  could  not  haue  had  their  due  effect  ex- 
cept thej  had  power  to  proceede  in  this  case  as  they  haue 
done,  -vv^h  were  to  make  the  comission''s  power,  and  the  maine 
end  of  tlieir  confederation  to  be  frustrate,  and  that  meerely 
for  observeing  a  ceremony. 

6.  The  connssionJ's  haueing  had  the  sole  power  to  mannage 
the  warr  for  number  of  men,  time,  place,  &c.,  they  onely  know 
tlieir  owne  counsells  and  determinations,  and  therefore  none 
can  grant  comissions  to  act  according  to  these  but  themselues. 

7.  To  send  a  new  comission  after  them  or  any  confirmation 
of  that  w°h  they  haue,  would  cast  blame  vpon  the  comission''s 
and  weaken  their  power,  as  if  they  had  proceeded  vnwarrant- 
ably. 

After  much  time  spent  in  such  agitations,  the  generall  court 
for  the  Massachusets  allowed  the  proceedings  of  the  comis- 
[7]  sion^s  for  ||  the  matter,  and  further  agreed  that  it  did 
belong  to  the  commission'" s  onely  to  appointe  one  to  haue 
command  in  cheife  ouer  all  y^  forces  sent  from  the  severall 
colonies. 

9.  In  the  vniting  of  these  colonies  it  was  agreed  &  cove- 
nanted that  if  any  of  the  confederats  shall  hereafter  breake  any 
of  these  pi" sent  Articles,  or  be  any  other  way  injurious  to  any 
one  of  the  other  jurisdictions,  such  breach  of  agreement  or 
injury  shall  be  duely  considered  and  ordered  by  the  comis- 
sion ""s  for  the  other  jurisdictions,  that  both  peace  and  this  pres- 
ent confederation  may  be  intirely  preserved  w^hout  violation, 
as  in  the  11*'*  Article.  And  it  is  a  rule  in  law  concerning 
legall  acts,  that  all  expressions  &  sentences,  though  of  a  doubt- 
full  construction,  be  vnderstood  for  the  confirming  of  them  as 
farr  as  rationally  may  be.  Then  certainly  in  confederations 
and  covenants,  blood  may  not  be  drawne  out  by  forced  inter- 
pretations contrary  to  cleare  words,  sentences,  the  scope  and 
purpose  of  all  the  Articles,  and  to  the  practise  of  all  times 
since,  to  nullify  or  infringe  them. 

10.  The  premises  considered,  wej3onceive  the  interpretation 
made  by  the  comittee  &  approved  both  by  the  magistrats  and 
deputies  of  the  Generall  Court  for  the  Massachusets,  appar- 
rently  tends  to  the  breaking  of  the  league  of  confederation  be- 


1653]  JUEISDICTION   OP  NEW   HAVEN.  11 

twixt  the  colonies,  and  though  by  an  order  of  June  the  3^, 
1653,  they  declare  they  haue  no  such  intention,  that  satisfyes 
no  more  then  if  a  man  maimed  and  made  for  euer  vseles 
should  be  told  his  life  for  a  time  should  be  spared.  This  col- 
ony conceiveth  (and  is  accordingly  affected,)  that  it  had  bine 
much  better  for  them  neuer  to  haue  combined.  They  are 
more  exposed  to  enemies  and  dangers  now  then  before,  while 
that  interpretation  stands  in  force  at  the  Massachusets.  The 
comission''s  from  thence  are  like  to  be  sent  w'h  a  limited 
comission,  and  no  fruit  can  be  expected  from  such  a  meeting; 
all  they  can  doe  is  to  looke  vp  to  him  to  whom  all  the  shields 
of  the  earth  belong,  and  y"  second  place  to  seeke  advice  and 
help  elsewhere. 

The  coiTiission  and  instructions  of  M"".  WilHam  Leete,  one  of 
ye  magistrats  for  Newhaven  Jurisdiction,  and  M'".  Thomas 
Jorden,  one  of  the  deputies  for  the  Generall  Court  of  the 
same  Jurist',  joyned  to  two  agents  or  comission •'s  of  Con- 
necticote,  sent  as  a  comittee  to  treat  w'h  the  bono'' able 
colonic  of  the  Massachusts,  as  herevnder  is  more  pticularly 
exprest. 

Whereas  as  all  the  confederated  colonies,  but  especially  these 
two  smaller  and  more  westerly  jurisdictions,  are  in  imminent 
danger  of  an  invasion  or  warr,  both  from  the  Duch,  (if  once 
they  be  strengthed  w^h  forces,  either  from  the  Netherlands  or 
elsewhere,)  and  from  the  Indians  hired  and  ingaged  by  the 
Duch,  (as  by  much  Indian  testimony  is  proved,)  to  cut  of  the 
English,  not  onely  of  Hempsted,  Midleburrow,  &c.,  w^hin  the 
Duch  lymits,  who  are  threatened  and  exposed  to  mine,  for 
their  faithfullnes  to  the  English  nation  and  their  cuntry  men 
in  these  parts,  but  the  plantations  w'^hin  the  Vnited  Colonies. 
Yow  are  to  treate  w^h  the  Gouernor,  Counsell,  Comission^s 
and  Generall  Court  of  the  Massachusets,  or  any  of  them,  as 
you  finde  or  may  procure  opptunity.  That  for  the  hono""  of 
the  English  nation,  the  peace  and  safety  of  the  English  in  all 
this  pt  of  America,  by  warr  if  no  other  meanes  will  serve,  the 
Duch  at  and  aboute  the  Manhatoes,  who  haue  bine,  and  still 
are  like  to  prove,  injurious  and  dangerous  neighbours,  may  be 
[8]  removed,  and  that  (according  to  the  ||  comission''s  late 


12  RECORDS  OP  THE  [1653 

agreement  at  Boston,)  five  hunderod  men  may  be  speedily- 
raised  out  of  tlie  foure  colonies  in  proportion  then  setled  and 
w'hout  delay  imployed  in  this  pnblique  service. 

But  if  the  Gouerno'",  Counsell,  Comissionrs,  Generall  Court, 
&c.,  as  aboue,  thinke  fitt  to  increase  that  number,  (the  Duch 
being  now  more  strongly  fortifyed,)  or  vpon  other  considera- 
tions much  importing  the  wellfare  of  the  whole  confederation 
in  these  times  of  exercise,  these  two  colonies  of  Connecticote 
and  Newhaven  doe  joyntly  desire  that  w^hout  offence  three 
magistrats  of  this  jurisdiction  may  give  a  call  (according  to 
the  5'^i  Article  in  j°  Confederation,)  to  the  commission's  to 
meete  at  Newhaven  the  4'^  or  11*^  day  of  August  next,  all 
invested  w^h  full  power  from  their  severall  jurisdictions,  ac- 
cording to  the  Articles  of  Confederation,  w^iout  any  other 
lymits  then  haue  heitherto  bine  vsed. 

The  Generall  Court  haue  also  (as  you  know)  pvscd  and 
considered  the  interpretation  of  the  Articles  of  Confederation 
made  by  a  comittee  at  Boston  and  approved  both  by  magistrats 
and  deputies  of  y^  Massachusts  Generall  Court,  and  by  way 
of  answer,  doe  now  rcturne  their  apprehensions  inclosed  in  a 
letter  to  the  Gouerno"",  Dept'  Gouerno'  and  Comission's  of 
that  Colonie,  w^h  wee  herew^h  deliuer  to  you,  and  you  are  to 
present  to  the  Gouernor,  &c.,  that  if  God  bless  our  and  yo' 
indeavours,  the  late  interpretation  may  be  recalled  &  the  con- 
federation setled  according  to  the  first  intendment  and  the 
progress  it  hath  had  in  the  hands  of  the  comission's  heitherto 
w^h  a  blessing.  Wee  comend  you  to  him  who  can  prosper 
both  yo'  trauell  and  occasions,  and  rest. 

By  the  Generll  Court  for  Newhaven  Colonie 

the  29th  June,  1653,  ^  Francis  Newman,  Secret'. 

Further  instructions  for  M'.  Leete  and  M'.  Jorden,  if  they 
cannot  prevayle  in  the  former  ppositions. 

You  are  to  propound  and  desire  from  the  Gouernor,  <fec., 
libberty  to  strike  vp  a  drum,  or  inT^some  other  way  to  treate 
for  the  raysing  of  volunteeres  to  assist  these  two  colonies  in  an 
expidition  for  their  safety,  and  if  leaue  be  granted,  (for  wee 
would  give  no  offence,)  you  may  speake  w^h  such  millitary 


1653]  JURISDICTION  OP  NEW  HAVEN.  13 

officers  in  whom  you  may  confide,  for  the  better  furtherance 
of  the  worke. 

By  the  Gener^'  Court  for  Newhauen  Colony, 
the  29th  June,  1653,  ^  Francis  Newman,  Secret. 

Further  instructions  for  M«".  William  Leete  and  M^.  Thomas 
Jorden,  if  they  cannot  prevayle  in  y^  former  propositions. 

1.  For  the  number  they  may  be  two,  three,  or  foure  hundred 
men,  pvided  that  such  agreements  and  conclusions  may  be 
firmely  setled  in  wrighting,  that  these  two  colonies  may  w^h 
conveniency  send  such  a  proportion  of  men  as  they  may  spare, 
that  they  may  haue  at  least  an  equall  share,  both  in  power  to 
order  and  command  in  all  affaires,  and  in  the  success  and  ad- 
vantage of  the  buisnes  in  all  respects,  if  God  giue  a  blessing ; 
but  herein  they  that  by  agreement  stay  w4i  the  stuff,  or  be 
ordered  as  a  reserve  or  an  auxiliary  army,  to  guard  y^  planta- 
tions or  to  watch  against  any  invasions  or  assaults  of  y^  In- 
dians vpon  the  plantations,  to  be  reckoned  as  pt  of  our  number 
[9]  II  and  to  share  equally  w^li  the  rest ;  and  herein  due  con- 
sideration bo  had  of  shipping  for  the  service,  what  great  gunns 
will  be  necessary,  w^h  suitable  pvision,  w4i  victualls,  &c. ; 
and  you  will  warily  consider  the  quallity  and  disposition  of  the 
men  w^h  whom  you  treate  &  their  company  they  are  like  to 
bring,  that  they  be  such  as  wUi  whom  wee  may  joyne  in  the 
same  way,  both  of  church  administratios  and  civill  gouerment ; 
wee  would  be  loath  to  bring  Road  Island  or  any  of  that  stampe 
or  frame  nearer  to  vs. 

2.  If  shipps  should  come  from  England,  bringing  such 
coinissions  as  may  suit  the  service  propounded,  while  you  are 
in  those  pts,  it  is  hereby  left  to  yo""  discretion  to  treate  &  con- 
clude wUi  them  for  the  publique  good,  according  to  the  ten- 
nour  of  yo"^  instructions,  though  wee  cannot  prescribe  all  ptic- 
ulars. 

3.  In  case  the  Gouerno'',  <fec.,  should  send  an  answer  to  all 
propounded,  in  a  letter  sealed,  neither  treating  nor  acquaint- 
ing yow  with  the  contents,  you  may  in  time  and  place  conven- 
ient, avoyding  offence,  open  the  letter  and  consider  what  is 
written,  that  you  may  the  better  pceede  in  any  thing  to  be 


14  RECORDS  OP  THE  [1653 

done  by  you  according  to  directions  now  giuen,  and  if  any 
letters  come  from  England,  w^ii  you  may  rationally  conceive 
concerne  publique  affaires,  you  are  to  send  them  w^li  all 
speede,  though  you  hire  a  messenger.  The  wise  and  good 
God  assist  you  according  to  y  weight  of  yo""  worke.  Wee  rest. 
By  the  Gencll  Court  for  Newhauen 
Colonic,  June  29'^,  1653,  f  Francis  Newman,  Secret. 

But  if  the  Massachusets  Colony  should  refuse  to  yeild  to  the 
goeing  on  of  the  warr  as  the  comission^s  agreed,  and  also  to 
meete  as  commissioners  at  Newhaven  at  the  time  appointed,  but 
should  giue  liberty  for  volunteeres  to  goe,  and  so  the  warr 
pceede,  then  it  is  ordered  that  this  colony  and  Connecticote 
agree  together  to  chuse  a  counsell  of  warr  to  sitt  here  at  New- 
hauen for  the  ordering  of  the  warr  in  all  respects,  so  as  they 
shall  judg  will  be  best  for  both  the  colonies. 

It  was  propounded  to  the  court,  that  in  case  the  Massachu- 
sets Colony  will  not  revoake  their  interpretation  they  haue 
giuen  of  the  Articles  of  Confederation,  whether  then  the 
comission''s  for  this  colony  shall  meete  at  the  vsuall  time  in 
September.  The  court  by  vote  declared,  that  in  case  that  in- 
terpretation be  not  called  in,  they  see  no  cause  why  they 
should  meete. 

It  was  propounded  to  know  how  the  amunition  W^h  came 
last  from  the  Bay,  w^h  is  this  colonyes  pt,  sent  ouer  by  the 
Corporation,  shall  be  disposed  of.  Some  would  haue  had  it 
devided,  but  the  most  of  the  court  agreed  to  have  it  kept  to- 
gether at  Newhauen  for  the  present,  and  the  powder  to  be  laid 
vp  in  seuerall  houses  in  a  seecret  way  as  the  magistrats  and 
deputies  of  Newhaven  shall  appointe. 

Concerning  the  friggot  w^h  lyes  at  Connecticote,  it  is  order- 
ed, that  this  colony  will  joyne  w^h  Connecticote  in  a  way  of 
proportion  to  buy  her  and  fitt  her  w^h  gunns  and  what  else  is 
necessary  to  goe  forth  vpon  the  service  intended,  that  is  to 
coast  vp  and  downe  betwixt  the  rivers  mouth  and  Stamford, 
for  the  better  security  of  the  two  colonies  from  enemies  w^h 
may  come  by  sea  to  doe  spoyle  vpon  them,  and  whereas  it  is 
conceived  she  will  cary  ten  gunns,  it  is  agreed  that  foure  of 


1653]  JURISDICTION   OF   NEW   HAVEN.  15 

those  tenn  this  colony  will  finde,  w^h  shall  be  had  two  from 
Newhaven,  one  from  Guilford,  and  one  from  Brandford,  &  if 
there  be  occasion  for  more,  one  from  Sonthhold. 
[10]  II  The  Courte  tooke  into  consideration  the  provisions 
ordered  to  be  staide  for  the  vse  of  the  jurisdiction  in  March 
last,  whether  it  shall  l)e  releasd  or  not,  but  considering  how 
vncertaine  things  are,  ordered  that  it  be  kept  till  M"".  Leete 
returne  from  the  Bay,  or  other  order  be  given. 

Captaine  Astwood  acquainted  the  court  that  he  hired  a 
horse  at  Springfeild  when  he  went  to  the  Comission  in  anno 
1649,  wh  horse  received  some  hurt  in  his  jurny  as  the  owner 
saith,  and  desires  some  further  satisfaction  then  he  hath  had. 
The  court  declared  themselues  willing  to  satisfy  any  man  in 
his  just  demands,  yet  conceive  he  had  his  hire  for  his  worke, 
w^h  was  a  just  recompcnce,  but  being  it  was  for  publique  ser- 
vice, in  w^h  they  desire  no  man  may  suffer,  they  order  that 
he  shall  haue  twenty  shillings  more  pd  him  by  the  treasurer 
of  this  jurisdiction. 

It  is  agreed  and  concluded  that  the  Gouerno'"  shall  haue  fifty 
pounds  paide  him  this  yeare  ensuing  out  of  the  jurisdiction 
treasury,  according  as  the  same  soihe  was  ordered  to  be  pd 
him  ye  last  yeare. 

It  is  ordered  tliat  a  rate  of  two  hundered  pounds  be  levyed 
from  the  seuerall  plantations  in  this  jurisdiction,  w^h  is  to  be 
paide  according  to  their  males  and  estates  in  due  &  equall 
pportions,  w^h  is  as  followeth, 

from  Newhaven, 

from  Millford, 

from  Guilford, 

from  Stamford, 

from  Southhold, 

from  Brandford, 
W^h  paye  is  to  be  made  in  good  money,  or  merchantable 
beavor  at  price  currant,  in  wheat  at  5^  p  bush.,  pease  or  rie  at 
4^  p  bush.,  in  beefe  at  S^  p  ^,  or  porke  at  4^1,  all  good  and  mer- 
chantable, and  when  either  beefe  or  porke  is  packed  in  caske, 
the  salt  and  caske  is  to  be  added  and  alowcd  for,  and  if  any 
man  paye  live  cattell,  they  are  to  be  prised  by  indifferrent  men 
chosen  for  p  purpose,  or  in  any  other  paye  W^li  may  satisfy 


75 

16 

04^ 

42 

16 

06 

28 

05 

01 

£       s.     d. 

22 

18 

10 

'200:  00:  00 

15 

11 

05 

14 

11 

lOJ 

16  RECORDS  OP  THE  [1653 

the  treasurer  and  answer  the  jurisdictions  occasions.  All  w<=h 
is  to  be  paide  in  to  the  treasurer  at  Newhaven  betwixt  this  and 
the  first  of  September  next,  vnder  the  same  penalty  as  was 
ordered  by  the  jurisdiction  generall  court  the  27^^  of  October, 
1646. 

The  Court  was  informed  that  a  complainte  was  made  to  the 
Gouerno'',  lately  being  at  Connecticote,  by  some  Indians,  that 
some  of  Southhold  had  taken  away  their  gunns,  w^h  was  now 
inquired  into  &  found  to  be  so,  and  the  deput'  of  Southhold 
informed  the  court  j^  the  Indian  from  whom  the  gun  was 
taken  caried  it  not  well,  so  that  there  might  be  cause  to  take 
it  from  him  or  them,  yet  y^  towne  were  willing  they  should 
haue  them  againe,  but  some  pticular  psons  that  haue  taken 
them  are  not  willing,  because  by  an  order  made  in  their  towne 
the  one  halfe  belongs  to  them,  wherefore  the  court  did  now 
order  that  those  gun  or  guns  so  taken  be  restored  to  the  In- 
dians againe,  that  no  publique  quarrell  may  be  begun  w'h  the 
Indians  by  vs  vpon  any  such  account,  yet  judg  that  the  In- 
dians should  be  warned  that  they  cary  it  more  inoffensively, 
or  else  they  must  know  that  y^  English  will  not  beare  it. 

The  Deputies  of  Stamford  informed  the  court,  that  they 
haue  bine  at  great  charges  in  keepeing  men  to  ward  in  the  day 
time,  for  the  soldiours  that  were  pressed  for  the  service,  if  the 
[11]  warr  1|  had  gone  on,  haue  bine  vnder  paye  euer  since, 
and  bine  as  a  guard  to  their  towne  in  the  day  time.  That  the 
souldio''s  should  be  vnder  paye,  the  court  witnessed  against  it, 
for  it  was  by  no  order  of  theirs,  nor  did  any  of  the  other 
townes  keepe  their  souldio''s  vnder  paye ;  yet  in  regard  that 
they  are  a  fronteere  plantation  and  so  may  be  in  more  danger 
then  some  others,  and  out  of  tenderness  to  them  in  these 
troublesome  times,  the  court  orders  that  towards  their  charges 
six  poundes  thirteene  shillings  foure  pence  shall  be  abated  out 
of  their  part  of  the  jurisdiction  rate. 

The  Court  was  informed  that  the  marshall  hath  spent  much 
time  aboute  publique  occasions,  ou^  and  aboue  what  his  place 
as  marshall  requires  him  to  doe,  for  w^h  the  court  orders  him 
to  haue  forty  shillings  pd  by  the  treasurer,  but  agreed  that 


1653]  JURISDICTION   OF   NEW    HAVEN.  17 

hereafter,  for  any  such  publique  comoii  biiisnes  he  bring  in  a 
pticular  acco^,  that  they  may  know  what  they  alow  him  for. 

It  is  ordered  that  John  Harriman  shall  receive  that  paye  he 
is  to  have  of  the  jurisdiction,  from  any  plantation  where  it  is 
due,  as  he  shall  desire,  in  such  paye  as  the  plantation  payes 
in,  the  propertie  thereof  not  being  altered. 

It  is  ordered  that  estates  of  all  the  teaching  elders  in  y^ 
jurisdiction  shall  hereafter  be  left  out  of  the  bills  w^h  are 
brought  in  yearely  to  make  vp  the  jurisdiction  rate  by. 

The  Court  haueing  heard  sundrie  reports  of  an  vnsatisfying 
offensive  way  of  cariag  in  some  at  Southhold,  as  those  w^h 
grow  weary  of  that  way  of  civill  gouerment  w^h  they  haue  for 
diuers  yeares  (and  w'h  much  comfort  and  safty)  lined  vnder, 
Wh  cariage  of  theirs  tends  to  disturb  tlie  peace  of  the  jurisdic- 
tion, and  they  the  rather  beleeve  it  because  of  a  late  pittition 
presented  to  this  court  by  the  said  inhabitants,  w^h  is  a  trouble 
to  them  to  see,  wherefore  these  are  first  to  desire  that  all  such 
psons  may  see  their  miscariages  &,  judg  themselues  for  the 
same,  and  that  euery  man  would  rest  himselfe  satisfied  w^h 
that  way  of  gouerment  w^h  God  hath  setled  him  vnder  there ; 
but  if  any  shall  not,  but  grow  troublesome,  this  court  doth  then 
declare  that  they  may  not  beare  such  disturbers,  but  must  call 
them  to  accot  for  the  same,  and  doe  hereby  require  the  depu- 
ties intrusted  for  civill  affaires  in  that  plantation  that  they 
giue  notice  of  any  such  psons  who  shall  be  active  in  such 
courses,  that  they  may  bee  proceeded  wUi  according  to  their 
due  deserts. 

The  Court  considering  that  when  they  are  dissolued  & 
broken  vp,  there  may  be  occasions  present  w^h  neede  both 
councell  and  power  to  be  put  forth  in  way  of  action  for  the 
good  of  the  jurisdiction,  as  pticularly  aboute  the  fitting  vp  the 
friggot  at  Connecticote,  if  she  be  brought  heither,  and  ordering 
other  things  aboute  her  imployment,  or  what  else  may  fall  in, 
therefore  the  court  chose  the  magistrats  of  the  jurisdiction,  or 
the  major  pte  of  them,  (they  calling  in  what  deputies  they 
please,)  as  a  comittee  or  counsell,  who  shall  issue  and  deter- 
mine any  buisnes  w^h  concernes  the  publique  good  as  fully  as 
if  the  court  were  present. 
3 


18  records  of  the  [1653 

[12]     At  a  Generall  Court  held  at  Newhauen  for  the 
Jurisdiction,  the  3'^  of  August,  1653. 
Present. 
Mag-istrats. 
Theophilus  Eaton,  Esq"",  Gouerno'",  \ 
Mr.  Stephen  Goodyear  Dept'  Gon.  >  Newliaven. 
Francis  Newman,  Magistrate,  ) 

Capt'  John  Astwood,  for  Millford. 
Mr.  William  Leete,  for  Guilford. 

Deputies. 
M'-.  William  Gibbard, 
Henry  Lin  don. 
Benjamin  Fenn, 
Robert  Treate. 
Mr.  Chittendine, 
M"-.  Jorden. 
Richard  Law, 
Francis  Bell. 
Mr.  Crane, 
Liuetenant  Swaine. 

The  Goiiernor  acquainted  the  court  w^h  the  answer  return- 
ed from  ys  Massachusets  by  M'".  Leete  and  M^.  Jorden,  and 
severall  wrightings  were  now  reade  to  the  court,  first  an  an- 
swer from  the  gouernor  himselfe,  vnder  his  owne  hand,  and 
two  other  answers  from  the  counsell,  vnder  the  hand  of  M^. 
Edward  Rawson,  Secretary,  w^h  are  as  followeth,  &c. 

The  Gouernd's  first  answer. 

Honored  Gentlemen,  I  haueing  two  dayes  since  received 
two  letters  and  other  wrightings  from  y^  two  jurisdictions  of 
Connecticote  and  Newhaven,  addressed  to  myselfe,  ye  Deputie 
Gouernor,  and  our  two  comissiojurs,  I  read  them  oner,  and 
(after  Capt'  Hawthorne,  one  of  our  comissionrs,  had  pvsed 
them,)  I  sent  them  away  wUi  all  speede  to  M^.  Symon  Brad- 
street,  by  a  messenger  of  purpose,  that  so  both  our  comissionrs 
might  consider  of  their  answer  to  them ;  and  being  importuned 


1653]  JURISDICTION   OP   NEW   HAVEN.  19 

by  M''.  Thomas  Jordeii,  of  Guilford,  to  wriglit  some  tliinge 
vndcr  my  hand  in  answer  to  the  said  letters  and  wrightings, 
wherein  I  can  for  the  present  neither  satisfye  myselfe  nor  any 
other  man,  seeing  it  concernes  the  generall  court  to  answer 
them,  w^h  I  suppose  they  will  when  they  assemble  next,  but 
now  to  call  a  generall  court  of  purpose  to  such  an  end  and  at 
sucli  a  time  as  this  is,  vnless  more  vrgent  necessitie  did  moue 
it,  I  cannot  see  how  I  shall  be  able  to  answer  it  to  tlie  cuntry, 
especially  considering  the  generall  court  hath  allrcady  had  so 
longe  and  large  a  debate  aboute  what  is  now  further  vrged, 
vizd :  a  present  warr  w4i  the  Duch,  and  the  comissionrs  of  the 
Vnited  Colonies,  after  all  their  long  agitations,  did  not  con- 
clude anything  aboute  it,  neither  is  their  any  new  matter  of 
weight  tliat  invites  vnto  it  our  comissioni's ;  if  you  please  to 
give  them  a  call  I  suppose  they  will  be  ready  to  answer  it,  and 
may  be  invested  w'h  power  as  formerly  w^iout  any  limitation, 
yet  I  beleeve  the  generall  court  will  keepe  their  authority,  so 
as  not  to  act  in  so  weightie  a  concernment  as  to  send  forth 
men  <fec.,  either  to  shed  blood  or  to  hazard  the  sheding  of  their 
subjects  blood,  except  they  can  satisfy  their  consciences  that 
God  calls  for  it,  and  then  it  must  bee  cleere  and  not  doubtfull, 
it  must  also  be  necessary  &  expedient,  for  a  generall  I  con- 
ceive will  not  act  implicitly,  (being  the  clieife  power  and  au- 
thority of  the  cuntry  or  colony,)  in  a  designe  of  so  high  a 
nature,  neither  doe  I  thinke  it  was  euer  at  first  intended  so  to 
act  against  their  consciences  when  they  entered  into  confed- 
eration. I  shall,  (God  willing,)  wright  more  at  large  to  my 
hono'"ed  frend  M"".  Eaton,  the  gouerno''  of  Newhaven,  when  the 
wrightings  are  sent  backe,  meane  while  I  rest, 

Yot"  louing  frend, 
Salem  the  14th  of  the  Jo  Endecott. 

5tii  moneth,  1653. 

[13]  The  Counsells  first  answer. 

Right  WorPP  &  much  honored, 

The  whole  counscll  being  called  together,  and  haueing  read 
and  considered  yo"^  letter  and  yo""  generall  courts  sence  and 
construction  of  the  Articles  of  Confederation. 

The  case  is  of  great  concernment  and  very  weightie,  and 
therefore  wee  desire  that  it  may  be  further  seriously  weighed 
and  throughly  agitated,  to  the  full  satisfaction  of  all  the  colo- 
nies, w^h  is  that  which  wee  sincerely  and  earnestly  desire. 
But  inasmuch  as  the  generall  court  hath  so  farr  acted  in  the 
interpretation  of  the  said  Articles  &c,  wee  hauing  for  the  pres- 
ent no  power  to  alter  it,  or  to  put  any  other  construction  y"! 


20  RECORDS   OF   THE  [1653 

till  the  generall  court  shall  meete,  w^h  wee  intend  to  asseml^le 
on  purpose  the  30^^  day  of  August,  W^h  is  a  day  or  two  before 
the  ordinary  time  of  the  meeting  of  the  comission'"s.  Wee 
hope  the  Lord  will  be  pleased  so  to  direct  vs  as  wee  shall 
loueingly  and  vnanimosly  agree  to  our  mutuall  satisfaction, 
yoi's  and  o^s ;  for  if  you  please  to  beleeve  vs,  wee  are  all  desir- 
ous to  continew  our  confederation  in  all  respective  loue  and 
helpfuUnes  each  to  other.  That  w^h  wee  aime  at  is  that  a 
right  vnderstanding  may  be  begotten  betweene  yo^selues  and 
vs  toucliing  the  confederation ;  that  being  done,  wee  conceive 
nothing  will  hereafter  obstruct  our  proceedings,  either  in  peace 
or  warr,  but  till  then,  in  this  case,  wee  know  not  how  to  raise 
forces  according  to  yC  desire.  Wee  much  feare  that  you 
haue  not  so  charitably  construed  the  declareation  of  the  gen- 
erall court  as  was  intended  by  them ;  wee  are  all  bretheren 
and  desire  to  behaue  ourselues  towards  you,  and  hope  wee  shall 
not  justly  incurr,  (when  all  things  are  duely  weighed,)  the 
reproach  of  covenat  breakers.  But  wee  are  not  forward  to  ex- 
cept against  such  termes  whereof  there  are  to  many,  onely 
giue  vs  leaue  to  discharge  our  duties  &  consciences  towards 
God  and  the  people  comitted  to  vs,  which  is  that  onely  wee 
contend  for,  and  wh  wee  hope  you  will  not  willingly  abridge 
vs  of.  And  for  ourselues,  touching  the  said  Articles  of  Confed- 
eration, wee  shall  not  further  insist  to  vrge  but  that  according 
to  the  words  and  gramatticall  sence  of  the  said  Articles,  the 
comission''s  haue  power  to  judg  &  determine  the  justic  of  an 
offensive  or  vindictive  warr,  w^h  was  of  least  consideration  to 
our  Generall  Court  in  their  declareation,  yet  doe  thinke  that 
vppon  the  generall  and  fundamentall  grounds  exprest  in  the 
said  declaration,  the  power  of  the  comission'"s  in  such  cases 
doth  necessarily  require  serious  consideration,  explanation, 
and  if  need  be  emendacon,  by  all  the  generall  courts,  for  the 
hono""  of  God  and  wellfare  of  posteritie  in  the  severall  jurisdic- 
tions, w'^h  was  the  cheife  thing  intended  in  the  said  declara- 
tion, not  to  conclude  the  case,  much  less  to  breake  the  confed- 
eration, nor  infringe  the  power  of  yf'  comission^'s  where  it  may 
stand  w'h  fundamentall  law  and  just  libberties  of  the  people. 
By  the  Counsell  w'h  ye  consent  of  y^  Comission''s. 
Boston,  21  July,  1653.  Edward  Rawson,  Secret. 

[14]  The  Counsells  second  answer. 

Gentlemen,  Wee  cannot  but  comend  yc  ingenuity  in  ac- 
cepting our  answer  concerning  the  recalling  the  declareation 
of  our  generall  court,  &  of  our  readines  to  comply  w^h  the  rest 
of  our  confederats,  and  for  that  end  to  put  our  colony  vpon  no 


1653]  JURISDICTION   OF   NEW   HAVEN.  21 

small  difficultys  by  calling  our  generall  court  at  an  vnvsuall 
time,  that  thereby  yo''  colonies  might  vnclerstancl  the  true  and 
genuine  sence  of  the  said  declaration,  wherevnto  wee  shall  not 
doubt  of  their  concurrenc.  You  are  pleased  also  to  take  notice 
of  our  condesending  to  our  fronds,  in  that  wee  haue  for  the 
present  waned  the  vrging  of  the  Articles  of  Confederation  in 
their  litterall  or  gramatticall  sence  for  the  denying  of  power 
to  the  comission''s  to  determine  the  justice  of  an  offensive  warr, 
w\\  wee  acknowledg  was  not  the  cheife  intendment  in  the  said 
declaration ;  w=h  candor  of  yo''s,  acceptable  to  vs,  wee  could 
haue  desired  had  continewed  in  all  passages  of  yo''  wrighting, 
but  wee  cannot  but  observe  that  you  arc  not  satisfyed  w'hout* 
complyance,  but  seeme  willing  to  grow  vpon  vs,  and  to  impose 
vpon  our  letters  more  then  you  will  finde  y^  gramattycall  or 
logicall  sence  holdeth  forth,  w<^h  if  you  please  to  review,  wee 
doubt  not  but  you  will  checke  yo''  owne  apprehensions,  and 
spare  vs  the  labour  of  instancing  the  pticulars. 

Wee  did  neuer  vnderstand  any  of  the  confederats  had  for 
euer  silenced  themselues,  or  divested  themselues  of  the  libber- 
tie  of  speech  for  manifesting  any  greivance  that  miglit  press 
them  in  the  confederation,  neither  doe  wee  conceive  a  more 
ready  means  for  one  colony  to  communicate  their  thoughts 
vnto  the  other  then  l)y  wrighting,  much  less  can  wee  appre- 
hend the  tendency  of  such  a  practise  to  the  breach  of  the  con- 
federacy, the  imputation  of  w^li  wee  must  beare,  and  beleeve 
you  doe  it,  not  because  you  deny  it,  allthough  in  ye  same  line 
yo''  arguments  for  it  are  so  cleare  to  yo""  owne  vnderstanding 
that  you  appeale  to  our  owne  judgments  in  the  case ;  but  if 
notw^hstanding  wee  must  remaine  in  yC  judgments  offendo''s, 
wee  hope  you  will  doe  equall  justice  to  yc  owne  who  came 
not  short  in  the  same  kinde  of  offence,  by  their  declaration  that 
wee  are  called  of  God  and  man  to  warr  vpon  the  Duch,  w^li 
wee  conceive  they  haue  bine  labouring  to  proue,  doth  not  be- 
long to  them  but  to  the  commission's  to  determine. 

Giue  vs  leaue  further  to  say  you  are  mista[ken]  in  affirmed 
ing  our  declaration  did  obstruct  present  proceedings  to  the 
hazarding  of  dangerous  consequences  to  some  off  the  confed- 
erats, for  you  will  neuer  be  able  to  proue  that  the  comis- 
sio[n''s],  whom  you  thinke  meete  to  entitle  a  Corporation  of 
Representati[ves],  termes  wee  haue  not  bine  acquainted  with, 
and  therefore  pdon  vs  if  wee  vnderstand  them  not,  wee  meane 
six  of  them,  w^h  is  necessary  in  such  cases,  did  euer  determine 
a  warr  wth  the  Duch.  We  haue  not  therefore  by  our  declar- 
ation hindered  their  pceedi[ngs]  as  you  are  pleased  to  insinu- 

*  "  -wf'  our"  in  tho  Massachusetts  records,  (MS.) 


22  RECORDS  OP  THE  [1653 

ate,  and  vpon  that  account  wee  suppose  you  may  vnderstand 
our  hands  are  bound  from  rays[ing]  forces,  because  there  was 
no  agreement,  allthough  you  doe  [desire  it.] 

To  yo""  motion  that  w'hout  offence  a  meeting  may  be  called 
[at]  Newhaven  for  the  manageing  of  the  said  matter,  w^h  wee 
vnderstand  to  be  the  pretended  agreement,  wee  suppose  y[ou] 
may  now  answer  yo''sehies,  the  ground  thereof  fayling,*  [if 
there  be  any  urgent  occasion  that  require  a  meeting  before  the 
usual  time  so  neare  approachinge  we  doubt  not  but  the  magis- 
trates of  Newhauen  understand  their  owne  liberty  by  the  arti- 
cles of  Confoederacy  to  the  obseruance  whereof  we  shall  en- 
deauour  to  apply  our  selues  and  the  rather  to  prevent  those 
imputations  which  may  be  greiveous  to  us. 

Wee  thinke  it  necessary  to  giue  some  account  why  wee 
haue  forborne  to  reply  particularly,  to  the  letters  <fe  remon- 
strances of  your  Gen'i  court.  It  was  not  because  we  did  not 
see  or  know  not  how  to  refute  seueral  pticulars  some  mistaken, 
others  wrongfully  charged  upon  us,  or  that  we  wanted  reasons 
to  object  against  them  or  to  defend  the  general  grounds  & 
reasons  of  our  declaration.  But  that  your  Courts  as  well  as 
our  selues  might  be  assured  wee  are  studious  of  loue  &  peace 
and  the  continuance  of  our  confoedei'ation,  and  our  differences 
might  be  more  speedily  composed  at  the  propounded  meeting 
w^h  otherwise  would  require  (at  such  a  distance)  great  lenght 
of  time,  and  in  the  issue  might  hazzard  a  miscarriage  by  reason 
of  mistakes  which  are  more  easily  remoued  in  pi'sence  then  by 
letters. 

Voted  by  the  Counsell,  22  July,  1653.] 

*Here  a  leaf  has  been  torn  from  the  record,  and  the  remainder  of  this  letter  is  sup- 
plied from  the  archives  of  Massachusetts. 


y 


1653]  JURISDICTION   OF   NEW   HAVEN.  28 

[17]  II  to  the  said  place  and  take  a  view  of  it  and  in  whose 
possession  it  is,  whether  it  be  the  land  that  the  sagamore  of 
that  place  gaue  y^  gouernor  and  M^  Goodyeare,  or  whether 
the  right  is  yet  in  the  Indians  hand,  and  if  they  finde  that  it 
will  answer  the  end  propounded,  that  he  then  purchase  it  for 
the  jurisdiction  and  speedily  send  the  gouernor  or  the  comittee 
word  how  hee  finds  things  and  what  hee  hath  done  therein. 

The  Court  considering  of  the  provisions  that  were  formerly 
staide  for  the  vse  of  the  jurisdiction,  and  seeing  there  is  now 
(through  the  blessing  of  God)  corne  in  the  barne,  and  flesh 
may  bee  had  out  of  the  feild  if  there  be  occasion,  did  now 
order,  that  those  provisions  of  corne,  flesh  and  butter,  bee  sett 
att  libbertie  for  the  owners  to  dispose  of  as  they  shall  see 
cause,  according  to  that  law  that  prohibbitts  the  exportation 
of  pvsions,  made  March  29^^\  1653. 

The  order  made  at  the  generall  court  in  May  last  for  keepe- 
ing  foure  horses  in  Newhaven  and  two  in  each  other  towne 
for  the  cuntry  service,  vpon  such  hire  and  termes  as  is  therein 
expressed,  is  now  repealed  in  all  y^  pticulars  of  it. 

The  Court  was  acquainted  that  some  money  hath  bine  taken 
vp  for  the  service  of  the  jurisdiction  vpon  sundrie  occasions, 
as  foure  pounds  of  Edward  Wigglesworth,  when  the  cofhis- 
sion^'s  went  to  Boston  in  Aprill  last,  and  fine  pounds  of  John 
Harriman,  when  M^.  Leete  and  M^  Jorden  went  to  Boston  in 
July  last,  and  fine  or  six  pounds  is  necessary  to  be  provided 
for  the  comission's  to  cary  w^h  them  now  in  their  next  goeing, 
and  therefore  some  course  must  bee  taken  to  procure  sillver 
to  discharge  those  debts  and  to  answer  this  present  occasion. 
The  court  desired  Captaine .  Astwood  and  Benjamin  Fenn  to 
treate  w^h  Ensigne  Bryan  or  James  Roggers,  to  see  if  they 
can  gett  silver  or  beavor  for  other  paye,  though  w'h  good 
allowance,  to  answer  these  things;  but  if  that  cannot  bee,  that 
then  so  much  butter  bee  gott  to  cary  into  the  Bay  as  will  sell 
for  money  to  make  vp  this  some,  but  if  that  will  not  be  pro- 
cured, then  so  much  of  tliis  corne  that  came  from  Guilford 
must  bee  carried  and  sould  as  well  as  it  can,  to  procure  siluer 
to  answer  these  seuerall  ingagements. 

The  Deputies  of  Stamford  acquainted  the  court  that  there  is 


24  RECORDS  OF  THE  [1653 

ill  their  towne  some  that  doe  worke  great  disturbance,  profess- 
ing they  will  paye  no  rates  to  these  comon  charges,  because 
nothing  is  done  against  the  Ducb,  and  some  saying  they  haue 
bine  in  bondage  a  greate  while,  but  now  they  will  haue  their 
libbertie,  and  being  reproued  for  the  same  and  told  they  must 
bee  bound  ouer  to  answer  it  here,  another  answered,  one  and 
all.  Wherefore  the  court  doth  advise  the  deputies  to  cary  it 
as  prudently  and  peaceably  as  they  can  and  to  gather  vp  these 
rates  due,  but  if  by  faire  meanes  (for  the  court  is  not  willing 
to  deale  harshly  in  these  times  if  it  may  be  avoyded)  it  cannot 
be  attained,  but  some  in  a  stubborne  way  refuse  and  grow 
boysterous  in  their  spirits,  working  disturbance  and  giuing  ill 
example  to  others,  that  then  they  give  notice  thereof  to  the 
gouernor  or  deputie  gouernor,  who  are  ordered  by  this  court 
to  send  a  warrant  from  hence  to  binde  such  psons  ouer  to  an- 
swer it  at  the  court  of  magistrats  in  October  next. 

The  Court  considering  the  many  complaints  that  haue  bine 
made  from  the  Bay  of  the  ill  packing  of  flesh,  and  the  great 
damage  that  some  men  haue  suffered  thereby,  did  now  order 
that  in  every  plantation  in  this  jurisdiction  there  shall  l)e  pub- 
lique  packers  chosen,  one,  two,  or  more  as  the  plantation  shall 
[18]  see  meete,  who  shall  packe  all  ||  beefe,  porke  or  vension 
that  shall  l)e  for  sale,  and  onely  in  such  caske  as  are  allowed, 
marked  w^^h  the  coopers  knowne  and  constant  marke,  w^h  are 
to  conteyne  full  thirty  one  gallons,  or  w4iin  halfe  a  gallon 
ouer  or  vnder,  and  to  packe  it  well  and  close,  and  none  but 
such  as  is  merchantable  and  equally  sorted,  better  and  worser 
together  in  a  barrell,  in  due  proportion  round  the  beast, 
w^hout  heades  or  feete,  w^h  packers  shall  be  vnder  oath  to 
deale  truely  and  faithfully  in  this  trust ;  and  for  their  paines 
and  time  spent,  &  the  penalty  if  any  shall  breake  this  order 
by  selling  flesh  not  packed  by  the  said  packers,  it  is  left  to 
every  plantatio  to  order  and  sett  it  so  as  they  see  cause. 

The  dispose  of  the  beare  that  was  brcAved  for  the  soldiours 
is  referred  to  the  two  deputies  of  Jfewhaven,  to  doe  it  as  well 
as  they  can  for  the  good  of  the  jurisdiction. 

The  Court  was  informed  that  M"" .  Augar  and  John  Brocket 
haue  spent  much  time  in  pviding  things  for  the  soldiours  if 


1653]  JURISDICTION   OP  NEW   HAVEN.  25 

they  had  gone  out  to  warr,  many  of  w<=h  things  being  made  vp 
will  bee  loss  to  them,  a  note  whereof  M"".  Augar  presented  to 
the  court,  amounting  to  hue  pounds  twelue  shillings,  and  de- 
sired the  court  to  take  the  things  and  paye  him  for  them,  or  to 
alow  him  forty  shillings  for  his  time  and  loss  in  them  and  he 
would  keepe  them.  The  court  considered  his  pposition  and 
agreed  rather  to  paye  him  forty  shillings  then  to  take  the 
things,  and  ordered  yt  he  should  haue  so  much  paide  him  out 
of  the  treasury. 

And  for  John  Brocket  who  spent  much  time  and  pvided 
some  things  for  the  same  service,  it  is  left  to  the  magistrats  of 
Newhaven  to  agree  w4i  him  as  well  as  they  can,  and  to  alow 
him  as  they  see  cause. 

It  is  ordered  that  the  marshall  shall  haue  tenn  bushells  of 
the  wheat  that  came  from  Guilford  in  pt  of  his  sallary  for  the 
jurisdiction. 

It  is  ordered  that  all  trade  bee  prohibbitted  w^h  the  Duch  till 
this  court  at  their  next  session  give  further  order,  by  w^h  time 
they  may  vnderstand  from  the  other  colonies  what  they  doe  in 
the  like  case ;  onely  in  case  of  debts  allready  due  to  any  there, 
if  they  shall  be  made  to  appeare  that  they  are  reall  debts, 
(and  doe  beforehand  make  entrie  thereof,)  that  no  new  debts 
be  made  to  delude  this  order,  and  y*  there  is  a  free  course  at 
the  Manhatoes  to  paye  debts  belonging  to  those  in  this  juris- 
diction, w'hout  obstruction  from  publique  authority,  then  just 
debts  may  bee  paide  in  wampom  or  other  things  not  prohibbit- 
ted ;  but  if  by  authority  there,  debts  due  to  those  of  this  juris- 
diction bee  stopped,  then  debts  due  to  them  from  hence  shall 
be  stopped  also ;  and  whosoeuer  shall  by  any  meanes  directly 
or  indirectly  breake  this  order,  shall  forfeite  the  valew  of  the 
debts  or  things  traded  to  the  jurisdiction. 


26  RECORDS   OP  THE  [1653 


[19]     At  a  Court  op  Magistrats  held  at  Newhaven  for 

THE  Jurisdiction,  the  first  of  July,  1653.* 
Present. 

Theopliilus  Eaton,  Gouernor. 

Mr.  Stephen  Goodyeare,  Dept'  Gou'. 

Francis  Newman,  Magistrat  for  Newhaven. 

Capt'  John  Astwood,  Magistrat  for  Millford. 
Edward  Hull  was  called  before  the  court  and  complained  of 
for  makeing  great  disturbance  at  Millford,  carying  it  in  guch 
a  maner  towards  the  jurisdiction  and  authority  thereof  (at 
Millford)  as  is  not  to  be  borne.  The  sum  of  w^h  complainte 
was  presented  to  the  court  in  a  wrighting  now  read,  vnder  the 
hand  of  M^  William  Fowler,  magistrate,  and  Robert  Treate, 
one  of  the  deputies,  that  the  said  Edward  Hull,  did  in  Mill- 
ford harbour  make  seizure  of  Thomas  Baxsters  boate,  wh  he 
knew  was  before  seized  for  the  service  of  the  cuntry,  yet  hee 
would  proceede,  and  not  onely  so,  but  also  after  he  knew  it 
was  seized  for  M^  Goody eares  pticular  debte,  he  brake  open 
the  cabine,  tooke  away  a  gunn,  a  grapline  and  some  cordidg, 
and  caryed  it  away,  and  when  a  warrant  was  sent  after  him 
from  the  magistrate  to  come  to  him  to  answer,  he  refused, 
saying  he  would  come  againe  shortly  that  way  and  make  his 
answer,  w^h  not  long  after  he  did,  but  then  stood  to  justify 
what  he  had  done,  though  his  comission  will  not  warrant  him 
therein,  but  beside  this  he  brake  out  into  many  high  words 
and  threatening  speeches,  as  that  he  might  not  onely  seize 
her  but  cary  her  away  if  hee  were  able,  or  else  fire  her  or  take 
away  any  thing  from  her,  and  any  that  should  w^hstand  him 
herein  should  answer  it;  and  vpon  demand  of  security  to 
come  to  a  tryall  and  answer  for  what  he  had  done,  he  said  that 
hee  hoped  the  rest  of  his  company  would  come  and  sett  him 
at  libbertie,  and  that  he  hoped  the  Duch  would  come  speedily 
and  cut  some  of  vs  of,  and  other  threatening  offencive  words, 
w^h  will  be  proued  by  sufficient  wftnesses  at  Millford,  adding 

*  In  margin,  "  This  Court  should  have  bine  entred  before  y<=  last  generall  Court,  but 
omitted." 


1653]  JUEISDICTION   OF   NEW    HAVEN.  27 

that  now  he  was  a  prisoner  he  would  drinke  nothing  but  sacke 
and  suger,  and  that  he  would  shortly  come  &  beate  downe 
their  mill. 

Edward  Hull  said  it  is  true  he  seized  the  boate,  but  first 
went  to  ye  magistrate  and  told  him  that  it  was  prize,  and 
though  it  is  true  he  heard  she  was  seized  for  the  cuntrys  vse, 
yet  the  magistrate  told  him  she  was  released,  w^h  M^.  Fowler 
in  ye  said  wrighting  fully  denyes,  and  the  said  Edward  Hull 
could  not  now  proue.  Hee  was  asked  what  coinission  he  had 
to  doe  these  things,  wherevpon  hee  shewed  his  comission  w'^h 
was  read  to  the  court,  but  nothing  found  therein  to  justify 
him  in  these  cariages,  but  rather  the  contrary,  for  they  w^h 
granted  him  his  comission  at  Road  Island  put  in  that  clause, 
that  he  should  cary  himselfe  civilly  where  hee  comes,  w^h  he 
hath  not  attended ;  beside  his  comission  is  to  take  but  Duch 
vessells,  or  such  as  are  enemies  to  the  Comonwealth  of  Eng- 
land, w«=h  he  could  not  proue  in  this  case,  Thomas  Baxster 
being  an  English-man  and  one  that  hath  declared  himselfe 
a  frend  to  the  English,  and  though  he  hath  lived  amounge 
the  Duch,  yet  now  he  hath  deserted  them,  and  his  verey 
[20]  II  liuing  among  them  formerly  doth  no  more  declare 
him  an  enemie  then  Capt'  Vnderhills  doth  declare  him  so. 
After  sundrie  debates  of  this  nature,  the  said  Edward  Hull 
and  others  that  stood  by  saw  that  his  coinission  would  not 
beare  him  out  in  what  hee  had  done,  yet  hee  continewed  in  his 
justify  cation,  vttermg  some  high  words  and  offensive  speeches 
before  the  court;  wherevpon  the  court  told  him  that  if  hee 
justifye  himselfe  in  this  and  intends  to  pceede  in  such  wayes 
to  the  disturbance  of  the  colonies,  the  court  must  consider  of 
another  way  then  they  yet  thought  of,  that  is  to  send  him  to 
England,  to  answer  it  there,  and  then  hee  will  see  whether 
ye  Parliament  will  justify  him  in  such  courses  as  these,  and 
thiuke  him  a  fitt  man  to  bee  betrusted  w^h  a  coinission  w^h 
caries  it  in  this  manner  to  the  Parliaments  frends,  thus  to 
threaten  them  and  hope  that  the  Duch,  the  Parliaments  and 
our  enemies,  will  speedily  come  and  cut  some  of  vs  of. 

After  w^h  hee  desired  a  little  respite  to  consider,  w^h  was 
granted,  and  quickly  came  before  the  court  againe  and  ac- 


28  RECORDS   OP  THE  [1653 

knowledged  yt  by  this  debate  w^li  the  court  he  saw  the  com- 
pass of  his  comission  more  then  euer  hee  did  before,  and  doth 
see  that  hee  hath  in  this  buisnes  gone  l^eyonde  his  comission 
and  is  verey  sorrey  for  it,  and  for  giueing  out  such  speeches  as 
hee  hath  done  in  his  hast  and  passion,  and  desires  tlie  court  to 
pass  it  by,  and  hee  promiseth  to  be  more  wary  in  attending 
his  comission  for  time  to  come;  vpon  w'^h  acknowledgment 
the  court  was  willing  for  this  time  to  pass  it  by  w^hout  any 
further  trouble  to  him. 

Ensigne  Bryan  was  complained  of,  that  when  he  vnderstood 
from  Edward  Hull  what  hee  intended  to  doe  in  takeing  those 
things  out  of  the  boate,  yet  hee  did  not  acquainte  the  magis- 
trate wth  it  but  countenanced  him  therein  by  goeing  along 
w^h  him,  W^h  held  forth  as  if  he  approved  the  action,  though 
hee  knew  beside  y^  seizure  made  for  ye  cuntry  ther  was  an 
attachment  laid  vpon  boate  and  goods  for  M^.  Goodyeare  for  a 
pticular  debte,  and  that  hee  himselfe  became  suretie  that  y^ 
boate  and  goods  should  bee  safely  preserved  for  M^  Good- 
yeares  vse,  w^h  cariage  in  respect  of  the  publique,  Ensigne 
Bryan  was  told  is  contrary  to  his  oath  of  fidellitie  taken  to  the 
jurisdiction,  Wh  things  Ensigne  Bryan  acknowledged  was  true 
and  confest  it  was  his  greate  fault  so  to  doe,  and  had  hee  con- 
sidered his  way  he  should  haue  done  otherwise.  The  court 
considering  that  Ensigne  Bryan  acknowledgeth  his  miscariage, 
and  hoping  it  will  be  a  warning  to  him  hereafter,  and  vpon 
the  desire  of  the  deputies  of  Millford,  who  jDrosecuted  in  y^ 
case,  they  past  it  by  wUiout  any  further  trouble  to  him  at 
present. 


1653]  JUKISDICTION   OF   NEW   HAVEN.  29 

[21]     At  a  Couet  of  Magistrats  held  at  Newhauen  for 

THE  Jurisdiction,  August,  4^^,  1653. 

Present. 

Theophiliis  Eaton,  Gouernor. 

Mr.  Stephen  Goodyear,  Dept.  Gou. 

Francis  Newman,        \ 

Capt'  John  Astwood,  \  Magistrats. 

W.  William  Leete,  ) 
Mr  is,  Elizabeth  Godman  accused  goodwife  Larremore  that 
one  time  when  she  saw  her  come  in  at  goodman  Whitnels  she 
said  so  soone  as  she  saw  her  she  thought  of  a  witch.  Good- 
wife  Larremore  said  that  one  time  she  had  spoken  to  that  pur- 
pose at  M"".  Hookes,  and  her  ground  was  because  M"".  Dauen- 
port  aboute  that  time-had  occasion  in  his  ministry  to  speake 
of  witches,  and  showed  that  a  froward  discontented  frame  of 
spirit  was  a  subject  fitt  for  y^  Devill  to  worke  vpon  in  that 
way,  and  she  looked  vpon  M".  Godman  to  be  of  such  a  frame 
of  spirit,  but  for  sa3T.ng  so  at  goodman  Whitnels  she  denyes  it. 
M^'s.  Godman  said,  goodman  Whitnels  maid  can  testify  it. 
The  maid  was  sent,  and  when  she  came  she  said  she  heard 
Mris.  Godman  and  goodwife  Larremore  a  talking,  and  she 
thinkes  she  heard  goodwife  Larremore  say  she  thought  of  a 
witch  in  y^  Bay  when  she  see  M^'s.  Godman.  Goodwife  Lar- 
remore further  said  that  M^s.  Godman  had  her  before  the 
gouernor  for  this,  and  the  gouernor  asked  her  if  she  thought 
M".  Godman  was  a  witch,  and  she  answered  no. 

M^'s.  Godman  was  told  she  hath  warned  to  the  court  diuers 
psons,  viz'^:  M"".  Goodyeare,  M^is.  Goodyeare,  M^.  Hooke, 
M"«.  Hooke,  Mris.  Atwater,  Hanah  &,  Elizabeth  Lamberton, 
goodwife  Larremore,  goodwife  Thorpe,  (fee,  and  was  asked 
what  she  hath  to  charge  them  wf^h,  she  said  they  had  given 
out  speeches  that  made  folkes  thinke  she  was  a  witch,  and 
first  she  charged  M^'s.  Atwater  to  be  y^  cause  of  all,  and  to 
cleere  things  desired  a  wrighting  might  be  read  w^h  was  taken 
in  way  of  examination  before  y^  magistrate,  (and  is  hereafter 
entred,)  wherein  sundrie  things  concerning  M"s.  Atwater  is 
specifyed  w^h  were  now  more  fully  spoken  to,  and  she  further 


30  RECORDS   OF  THE  [1653 

said  that  M.'^^^.  Atwater  had  said  that  she  thought  she  was  a 
witch  and  that  Hobbamocke  was  her  husband,  but  could  proue 
nothing,  though  slie  was  told  that  she  was  beforehand  warned 
to  prepare  her  witnesses  ready,  w'^h  she  hath  not  done,  if  she 
haue  any.  After  sundrie  of  the  passages  in  y^  wrighting  were 
read,  she  was  asked  if  these  things  did  not  giue  just  ground 
of  suspition  to  all  that  heard  them  that  she  was  a  witch.  She 
confessed  they  did,  but  said  if  she  spake  such  things  as  is  in 
M^  Hookes  relation  she  was  not  herselfe.  She  was  told  she 
need  not  say,  if  she  spake  y'»,  for  she  did  at  the  gouerno^s* 
before  many  witnesses  confess  them  all  as  her  words,  though 
she  made  the  same  excuse  that  she  was  not  in  a  right  minde ; 
but  M"s.  Hooke  now  testifyed  she  was  in  a  sober  frame  and 
spake  in  a  diliberate  way,  as  ordinarily  she  is  at  other  times. 
Beside  what  is  in  the  papr,  M"s.  Godman  was  remem])red  of  a 
[22]  passage  spoken  of  at  the  gouerno''s  ||  aboute  M^.  Good- 
yeares  falling  into  a  swonding  fitt  after  hee  had  spoken  some- 
thing one  night  in  the  exposition  of  a  chapter,  w^h  she  (being 
present)  liked  not  but  said  it  was  against  her,  and  as  soone  as 
Mr.  Goody eare  had  done  duties  she  flung  out  of  the  roome  in 
a  discontented  way  and  cast  a  fierce  looke  vpon  M^.  Good- 
yeare  as  she  went  out,  and  imediately  M''.  Goody  eare  (though 
well  before)  fell  into  a  swond,  and  beside  her  notorious  lying 
in  this  buisnes,  for  being  asked  how  she  came  to  know  this, 
she  said  she  was  present,  yet  M"".  Goodyeare,  M^'^.  Goodyeare, 
Hanah  and  Elizabeth  Lamberton  all  affirme  she  was  not  in  y^ 
roome  but  gone  vp  into  the  chamber. 

After  the  agitation  of  these  things  the  court  declared  to 
Mi^'s.  Godman,  as  their  judgment  and  sentence  in  this  case, 
that  she  hath  vnjustly  called  heither  the  seuerall  psons  before 
named,  being  she  can  proue  nothing  against  them,  and  that 
her  cariage  doth  justly  render  her  suspitious  of  witchcraft, 
w<=h  she  herselfe  in  so  many  words  confesseth,  therefore  the 
court  wisheth  her  to  looke  to  her  carriage  hereafter,  for  if  fur- 
ther proofe  come,  these  passages-'will  not  be  forgotten,  and 
therefore  gaue  her  charge  not  to  goe  in  an  offensive  way  to 

*  In  margin,  "  July  21  :  53." 


1653]  JURISDICTION   OF  NEW   HAVEN.  31 

folkes  houses  in  a  rayling  manner  as  it  seemes  she  hath  done, 
but  that  she  keepe  her  place  and  medle  w^h  her  ownc  buisnes. 

The  examination  of  Elizabeth  Godman,  Map  21th,  1653. 

Elizabeth  Godman  made  complainte  of  M^  Goodyeare,  M^ '«. 
Goodyeare,  M^.  Hooke,  Mr'«.Hooke,M'-is.  Bishop,  M^is.  Atwa- 
ter,  Hanah  &  Elizabeth  Lamberton,  and  Mary  Miles,  M'"'s.  At- 
waters  maide,  that  they  liaue  suspected  her  for  a  witch ;  she  was 
now  asked  what  she  had  against  M^.  Hooke  and  M^'s.  Hooke; 
she  said  she  heard  they  had  something  against  her  aboute  their 
soone.  M"".  Hooke  said  hee  was  not  w'hout  feares,  and  hee  had 
reasons  for  it ;  first  he  said  it  wrought  suspition  in  his  minde 
because  shee  was  shut  out  at  M^  Atwaters  vpon  suspition,  and 
hee  was  troubled  in  his  sleepe  aboute  witches  when  hisboye,  was 
sicke,  W^h  was  in  a  verey  Strang  manner,  and  hee  looked  vpon 
her  as  a  mallitious  one,  and  prepared  to  that  mischeife,  and 
she  would  be  often  speaking  aboute  witches  and  rather  justifye 
them  then  condemne  them ;  she  said  why  doe  they  provoake 
them,  why  doe  they  not  let  them  come  into  the  church. 
Another  time  she  was  speaking  of  witches  w'hout  any  occasion 
giuen  her,  and  said  if  they  accused  her  for  a  witch  she  would 
liaue  them  to  the  gouernor,  she  would  trounce  them.  Anoth- 
er time  she  was  saying  she  had  some  thoughts,  what  if  the 
Devill  should  come  to  sucke  her,  and  she  resolued  he  should 
not  sucke  her.  M^".  Hooke  said  another  thing  w^h  strength- 
ened his  feares  was,  that  whateuer  was  done  in  y^  church 
meetings  she  would  know  it  presently,  and  his  sonn  John  was 
vexed  at  it,  and  she  being  then  questioned  aboute  it  said  some 
of  the  members  told  her,  she  was  asked  who,  ^nd  she  instanced 
brother  Whitnel,  concerning  the  agreement  for  catichizing, 
and  some  sisters  she  said  told  her  some  thing,  but  named  none 
[23]  nor  what  they  told  her.  Jane  Hooke  said  M^s.  ||  Elze- 
beth  could  tell  sundrie  things  that  was  done  at  y^  church 
meeting  before  meeting  was  done,  as  aboute  Delaware  Bay, 
aboute  M"".  Cheever,  and  aboute  goodman  Lamson  and  some 
other  things.  Time,  M"".  Hookes  Indian,  said  in  church  meet- 
ing time  she  would  goe  out  and  come  in  againe  and  tell  them 
what  was  done  at  meeting.  Time  asking  her  who  told,  she 
answered  plainly  she  would  not  tell,  then  Time  said  did  not 


32  RECORDS  OP  THE  [1653 

ye  Devill  tell  you.  She  was  also  accused  for  talking  and 
muttering  to  lierselfe ;  testifyed  by  Henry  Boutle  and  some 
others.  Time  said  she  heard  lier  one  time  talking  to  lierselfe, 
and  she  said  to  her,  who  talke  you  too,  she  said,  to  you;  Time 
said  you  talke  to  y«  Devill,  but  she  made  nothing  of  it.  M^ 
Hooke  further  said,  that  he  hath  heard  that  they  that  are 
adicted  that  way  would  hardly  be  kept  away  from  y^  houses 
where  they  doe  mischeife,  and  so  it  was  w^h  her  when  his  boy 
was  sicke,  she  would  not  be  kept  away  from  him,  nor  gott 
away  when  she  was  there,  and  one  time  M^'^  Hooke  bid  her 
goe  away,  and  thrust  her  from  y^  boye,  but  she  turned  againe 
and  said  she  would  looke  on  him.  M"^.  Goodyeare  said  that 
one  time  she  questioned  w'h  Elizabeth  Godmand  aboute  y^ 
boyes  sickness,  and  said  what  thinke  you  of  him,  is  he  not 
strangly  handled,  she  replyed,  what,  doe  you  thinke  hee  is  be- 
witched; M"^.  Goodyeare  said  nay  I  will  keepe  my  thoughts 
to  myselfe,  but  in  time  God  will  discouer. 

It  was  also  said  that  it  is  suspitious  that  she  hath  put  ye 
boyes  sickness  vpon  some  other  cause,  as  that  he  had  turned 
his  braines  w'h  sliding,  and  said  the  boye  would  be  well 
againe,  though  he  was  handled  in  such  a  strange  manner  as 
the  docter  said  hee  had  not  mett  w^h  the  like.  M"".  Good- 
yeare asked  her  if  she  was  not  the  cause  of  his  disease,  she 
denyed  it,  but  in  such  a  way  as  if  she  could  scarce  denye  it. 

M"".  Hooke  fui'ther  said,  that  when  M^  Bishop  was  married, 
M^s.  Godman  came  to  his  house  much  troubled,  so  as  he 
thought  it  might  be  from  some  aiSection  to  him,  and  he  asked 
her,  she  said  yes ;  now  it  is  suspitious  that  so  soone  as  they 
were  contracted  W^^  Byshop  fell  into  verey  Strang  fitts  w^h 
hath  continewed  at  times  euer  since,  and  much  suspition  there 
is  that  she  hath  bine  the  cause  of  the  loss  of  M"s.  Byshops 
chilldren,  for  she  could  tell  when  M^Js,  Bishop  was  to  be 
brought  to  bedd,  and  hath  giuen  out  that  she  kills  her  chilldren 
w^h  longing,  because  she  longs  for  every  thing  she  sees,  w^h 
Mi^'s.  Bishop  denies;  and  being  remiired  to  giue  an  instance, 
she  said  Mi^'^.  Hooke  said  M^'s.  Bishop  longed  for  some  pease, 
but  that  made  against  her  when  M'''^  Hooke  was  spoken  w^h, 
and  Jane  Hooke  said  that  M^is,  Godman  said  to  her  M'^'*. 


1653]  JUEISDICTION   OF   NEW   HAVEN.  33 

Byshop  was  much  giuen  to  longing,  and  that  was  the  reason 
she  lost  her  chilldren.  Another  thing  siispitious  is,  that  she 
could  tell  M^'s.  Atwater  had  figgs  in  her  pocket  when  she  saw 
none  of  them ;  to  that  she  answered  she  smelt  them,  and  could 
smell  figgs  if  she  came  in  the  roome,  nere  them  that  had 
them;  yet  at  this  time  M'^^  Atwater  had  figgs  in  her  pocket 
and  came  neere  her,  yet  she  smelt  them  not;  also  M^'s.  Atwater 
[24]  said  that  M'i^.  Godman  |1  could  tell  that  they  one  time 
had  pease  porridge,  when  they  could  none  of  them  tell  how 
she  came  to  know,  and  beeing  asked  she  saith  she  see  y'"  on 
the  table,  and  another  time  she  saith  she  was  there  in  y^  morn- 
ing when  the  maide  set  them  on.  Further  Mris.  Atwater  saith, 
that  that  night  the  figgs  was  spoken  of  they  had  strangers  to 
supper,  and  M"s.  Godman  was  at  their  house,  she  cutt  a  sopp 
and  put  in  pann;  Betty  Brewster  called  the  maide  to  tell  her 
&  said  she  was  aboute  her  workes  of  darkness,  and  was  suspi- 
tious  of  Mris.  Godman,  and  spake  to  her  of  it,  and  that  night 
Betty  Brewster  was  in  a  most  misserable  case,  heareing  a  most 
dreadfuU  noise  w^h  put  her  in  great  feare  and  trembling,  wh 
put  her  into  such  a  sweate  as  she  was  all  on  a  water  when 
Mary  Miles  came  to  goe  to  bed,  who  had  fallen  into  a  sleepe 
by  the  fire  W^h  she  vsed  not  to  doe,  and  in  y^  morning  she 
looked  as  one  y^  had  bine  allmost  dead.  M"s.  Atwater  said 
she  told  M^'s.  Godman  of  sundrie  things  Wh  render  her  sus- 
pitious,  and  forwarned  her  of  her  house ;  she  said  she  would 
haue  her  to  y^  court,  M"s.  Atwater  said  very  willingly ;  yet 
the  next  night  she  came  theither  againe  for  beare. 

Mi'is.  Godman  accused  M"".  Goody eare  for  calling  her  downe 
when  M''s.  Bishop  was  in  a  sore  fitt,  to  looke  vpon  her,  and 
said  he  doubted  all  was  not  well  w^^h  her,  and  that  hee  feared 
she  was  a  witch,  but  M^  Goody  eare  denyed  that;  vpon  this 
M"s.  Godman  was  exceeding  angrie  and  would  haue  the  ser- 
vants called  to  witnes,  and  bid  George  the  Scochman  goe  aske 
his  master  who  bewitched  her  for  she  was  not  well,  and  vpon 
this  presently  Hanah  Lamberton  (being  in  y^  roome)  fell  into 
a  verey  sore  fitt  in  a  verey  Strang  mailer. 

Mi'is.  Godman  said  the  reason  of  her  saying  as  before  was 
because  M^^.  Goody  eare  a  little  before  said  they  was  bewitch- 
5 


34  RECORDS  OP  THE  [1653 

ed.  M^'is.  Goodyeare  said  she  said  not  so,  but  she  and  her 
daughter  went  to  M'^'s.  Godman  and  said  some  thought  they 
were  bewitched,  and  said  here  is  a  poore  weake  woman, 
(meanning  M^^  Bishop,)  what  thinke  you  of  her,  some  haue 
thought  she  is  bewitclied;  she  laughed  and  said  alass  who 
should  bewitch  her,  she  had  a  cousin  was  so;  M^is.  Goodyeare 
said,  if  there  be  any  such  psons,  she  was  pswaded  God  would 
finde  them  out  and  discover  them,  for,  said  she,  I  never  knew 
a  witch  dye  in  their  bed;  M"s.  Godman  answered  you  mistake, 
for  a  great  many  dye  and  goe  to  the  graue  in  an  orderly  way. 

Another  time  M''s.  Goodyeare  said  to  her,  M^is.  Elzebeth 
what  thinke  you  of  my  daughters  case ;  she  replyed  what,  doe 
you  thinke  I  haue  bewitched  her;  M"^  Goodyeare  said  if  you 
be  the  ptie  looke  to  it,  for  they  intend  to  haue  such  as  is  sus- 
pected before  the  magistrate. 

M"s.  Godman  charged  Hanah  Lamberton  that  she  said  she 
lay  for  somewhat  to  sucke  her,  when  she  came  in  hott  one  day 
and  put  of  some  cloathes  and  lay  vpon  the  bed  in  her  cham- 
ber. Hanah  said  she  and  her  sister  Elizabeth  went  vp  into 
the  garret  aboue  her  roome,  and  looked  downe  &  said,  looke 
how  she  lies,  she  lyes  as  if  some  bodey  was  sucking  her,  &  vpon 
that  she  arose  and  said,  yes,  yes,  so  there  is ;  after  said  Hanah, 
she  hath  something  there,  for  there  seemed  as  if  something 
was  vnder  the  cloathes ;  Elizabeth  said  what  haue  you  there, 
she  said  nothing  but  the  cloathes,  and  both  Hanah  &  Eliza, 
say  that  M^is.  Godman  threatened  Hanah,  and  said  let  her 
looke  to  it  for  God  will  bring  it  vpon  her  owne  head,  and 
aboute  two  dayes  after,  Hanahs  fitts  began,  and  one  night 
especially  had  a  dreadfull  fitt,  and  was  pinched,  and  heard  a 
hedious  noise,  and  was  in  a  Strang  manner  sweating  and  burn- 
ing, and  some  time  cold  and  full  of  paine  y*  she  shriked  out. 

Elizabeth  Lamberton  saith  that  one  time  y^  chilldren  came 
downe  &  said  M^'^  Godman  was  talking  to  herselfe  and  they 
[25]  were  afraide,  ||  then  she  went  vp  softly  and  heard  her 
talke,  what,  will  you  fetch  me  some  beare,  will  you  goe,  will 
you  goe,  and  ye  like,  and  one  morning  aboute  breake  of  day 
Henry  Boutele  said  he  heard  her  talke  to  herselfe,  as  if  some 
body  had  laine  w4i  her. 


1653]  JURISDICTION   OP  NEW   HAVEN.  35 

T/ie24"'o/i»f«y,  1653. 

M''^  Godman  being  examined,  (M^  Dauenport  being  pres- 
ent,) she  was  asked  why  she  said  M^'^  Bishop  longed  allmost 
for  every  thing  she  see,  and  when  she  could  not  haue  it,  that 
was  the  cause  of  her  fainting  fitts  and  y^  loss  of  her  chilldren ; 
she  said  she  heard  something  of  M^i^  Hooke  to  that  purpose, 
that  she  longed  for  pease,  but  M^'^,  Hooke  being  sent  for  de- 
nyed  that  euer  she  told  her  so,  and  Jane  Hooke  being  present 
said  M"^.  Godman  told  her  that  M^'^  Bishop  was  much  giuen 
to  longing  and  that  was  the  reason  she  lost  her  chilldren,  and 
Hanah  Lamberton  said  M'^'s.  Godman  told  her  so  also,  and 
M^'s.  Bishop  said  another  woman  in  ye  towne  told  her  that  she 
had  heard  M^is.  Godman  say  as  much,  so  that  she  could  not 
denye  it ;  she  was  told  she  hath  much  inquired  after  the  time 
of  Mi'is,  Bishops  delivery  of  her  chilldren,  and  would  speake  of 
it  so  as  M"s.  Goodyeare  and  her  daughters  marveled  how  she 
could  know,  and  Hanah  Lamberton  one  time  told  her  mother 
that  Mris.  Godman  kept  her  sisters  count;  she  was  asked  the 
reason  of  this  and  of  her  saying  Mr's,  Bishop  was  so  giuen  to 
longing  as  it  was  a  meanes  to  lose  her  chilldren  when  it  was 
not  so ;  she  said  she  could  giue  no  reason,  then  she  was  told 
it  was  a  high  slander  vpon  M^is.  Bishop,  she  said  she  can  say 
nothing  but  must  lye  vnder  it. 

M"s.  Goodyeare  said  when  M'.  At  waters  kinswoman  was 
married  M^is.  Bishop  was  there,  and  the  roome  being  hott  she 
was  something  fainte,  vpon  that  M^'s,  Godman  said  she  would 
haue  many  of  these  faijiting  fitts  after  she  was  married,  but 
she  saith  she  remembers  it  not ;  she  was  told  she  hath  also 
said  that  M^is.  Bishop  hath  had  such  fitts  of  a  child  and  Hanah 
Lamberton  said  she  told  her  so,  W^h  thing  is  not;  M"s.  God- 
man says  she  denyes  it  not  but  she  remembers  it  not;  she  was 
asked  the  reason  why  she  should  reporte  these  things  if  it  were 
not  to  hide  some  other  things  w^h  she  would  not  haue  discov- 
ered, and  to  hide  these  fitts,  therefore  giue  a  reason ;  she  said 
she  cannot  tell  the  reason. 

Goodwife  Thorp  complained  that  M»''^    Godman 
"^Te^s^  "^^    came  to  her  house  and  asked  to  buy  some  chickens, 


36  RECORDS   OP  THE  [1653 

you  giue  them  all,  so  she  went  away,  and  she  thought  then 
that  if  this  woman  was  naught  as  folkes  suspect,  may  be  she 
will  smite  my  chickens,  and  quickly  after  one  chicken  dyed, 
and  she  remembred  she  had  heard  if  they  were  bewitched  they 
would  consume  w'hin,  and  she  opened  it  and  it  was  consumed 
in  ye  gisard  to  water  &  wormes,  and  divers  others  of  them 
droped,  and  now  they  are  missing  and  it  is  likely  dead,  and 
she  neuer  saw  either  hen  or  chicken  that  was  so  consumed 
w^hin  wUi  wormes.  M'''^.  Godman  said  goodwife  Tichenor 
had  a  whole  brood  so,  and  M''^.  Hooke  had  some  so,  but  for 
M'''^.  Hookes  it  was  contradicted  presently.  This  goodwife 
Thorp  thought  good  to  declare  that  it  may  be  considered  w'h 
other  things. 


[26]     At  a  Generall  Court  held  at  Newhauen  for  the 
Jurisdiction,  October  12^1%  1653. 
Present. 
Magistrats. 
Theophilus  Eaton,  Esq--.  Gouerno'". 
M^  Stephen  Goodyear,  Dept.  Gouerno^. 
Francis  Newman,  Magistrat  for  Newhaven. 
Capt.  John  Astwood,  Magist't  for  Millford. 
My.  William  Leete,  Mag:  for  Guilford. 
Dejmties. 
Mr.  Gibbard,     )  Newhaven. 
Henry  Lindon,  ) 
Benja:  Fenn,  j  ^.jjf^^,^_ 
Robrt  Treat,  ) 

Leutennant  Chittenden,  )  ^  liiford 
M^  Jorndan,  ) 

Jasper  Crane,  j  g.^^^dford. 
Sam:  Swaine,  ) 
The  Gouernor  and  Capt.  Astwdod  acquainted  the  court  w^h 
sj   the  proceedings  of  the  coiTnssion''s  at  Boston  at  their  last  meet- 
ing in  September,  and  first  w^li  the  debate  they  had  for  tenn 
dayes  w'h  the  Massachusets  Generall  Court,  before  they  could 


1653]  JURISDICTION   OP   NEW   HAVEN.  37 

sitt  as  Comission''s,  and  after  w^li  what  they  did  when  the 
coraission''s  satt,  all  w^h  wrightings  were  read  to  the  court. 
What  ye  comission''s  of  this  collony  did  the  court  approved, 
but  considering  what  the  Massachusets  Gencrall  Court  and 
Counsell  haue  done,  this  court  all  agreed  and  cannot  but  de- 
clare that  they  haue  broke  their  covenant  w^h  vs,  in  acting 
directly  contrary  to  the  articles  of  confederation ;  vpon  w'^h 
consideration  this  court  sees  themselues  called  to  seeke  for 
help  elswhere,  and  can  conclude  of  no  better  way  then  to 
make  their  addresses  to  the  State  of  England,  and  for  the 
more  full  proceeding  therein,  agreed  to  acquaint  Connecti- 
cote  Collony  thej-ewth,  and  desired  the  gouerno'"  to  wright  a 
letter  to  that  purpose  to  M^.  Haines,  gouerno"^  there,  as  also 
to  desire  a  treaty  w'^h  them,  (by  a  comittee  chosen  by  their 
generall  court,  to  joyne  w'^h  a  comittee  of  this  court,)  here  at 
Newhaven  aboute  this,  and  also  aboute  and  concerning  the 
Indians,  whose  spirits  are  stirred,  wanting  the  help  from  the 
English  w^h  they  expected ;  and  for  the  better  furtherance  and 
more  full  prosecution  of  this  buisnes  in  England,  the  court 
vnderstanding  that  Capt.  Astwood  is  speedily  to  take  a  voyage 
theither  aboute  his  owne  necessary  occasions,  did  desire  and 
appointe  him  for  this  service,  and  agreed  that  a  letter  should 
be  written  from  this  court  to  M^  Hopkins  to  intreate  him  to 
be  helpfull  and  assistant  to  Capt.  Astwood  in  this  matter ;  and 
that  wrightings  be  sent  from  hence  w<=h  may  fully  declare  the 
case  as  it  is  in  the  compass  of  it  so  farr  as  is  necessary,  wh 
wrightings  are  to  bee  signe^i  as  both  the  comittees  shall  agree, 
in  the  name  of  both  the  generall  courts,  and  to  desire  help  of 
shipping  from  England  and  what  other  force  they  thinke  fitt, 
that  if  they  see  good  meanes  may  be  [vsed  ] 

[27]  II  And  to  this  purpose  it  was  conceived  and  voted,  that 
the  declaration  to  the  Lord  Generall,  fully  informing  the 
present  state  of  the  westward  colonies,  may  close  and  bee  con- 
cluded. That  vnless  the  Duch  bee  either  remoued  or  (so  farr 
at  least)  subjected  that  these  colonies  may  bee  freed  from  inju- 
rious affronts  and  securied  against  the  dangers  and  mischeiv- 
ous  effects  w^h  dayly  grow  vpon  them  by  their  plotting  w^h 
the  Indians  and  furnishing  them  w'h  amies  agst  the  English, 


38  KECORDS  OF  THE  [1653 

and  that  the  league  and  confederation  betwixt  the  foure  vnited 
English  colonies  be  confirmed  and  setled  according  to  the  true 
sence  and,  till  this  yearc,  the  continewed  interpretation  of  the 
articles,  the  peace  and  comforts  of  these  smaller  westerne  colo- 
nies will  be  much  hazarded,  and  are  like  to  be  more  and  more 
impared,  but  as  they  conceive  it  their  duty  thus  fully  to  pre- 
sent their  afflicted  condition  to  yo"^  Exeleucy,  so  they  humbly 
leaue  themselues,  w^h  the  remedies,  to  yo""  consideration  & 
wisdom. 

The  comittee  chosen  by  this  court  to  treate  w'h  a  comittee 
from  Connecticote  is  the  gouerno'",  M^.  Leete,  Benjamin  Fenn, 
and  M^  Crane,  not  excluding  the  other  magistrats  of  New- 
haven  and  leaning  Capt.  Astwood  to  come  as  he  thinkes  good 
and  his  occasions  will  giue  way ;  and  after  both  comittees  haue 
mett,  this  court  desires  that  the  colony  of  Plymouth  may  be 
acquainted  w^h  what  they  shalL  conclude  vpon,  that  so  if  it 
may  bee,  they  may  haue  their  concurrance  in  the  buisnes  also; 
and  if  both  the  comittees  shall  agree  vpon  any  expedition 
against  the  Narragansets,  then  it  is  ordered  that  this  court 
will  meete  againe  to  consider  of  it. 

A  letter  from  the  Massachusets  Generall  Court  to  this  Court 
was  presented  and  read,  wherein  they  desire  that  this  court 
would  appointe  a  comittee  to  meete  and  consider  the  Articles 
of  Confederation,  becaiise  some  things  in  them  "wants  explana- 
tion, and  some  alteration;  in  w"^h  letter  they  also  ppound 
foure  queries  to  be  answered,  all  -w^h  the  court  considered  of 
and  by  vote  declared,  that  they^ee  no  cause  to  chuse  any 
comittee  for  that  purpose.  The  Articles  of  Confederation  in 
their  judgment  wants  neither  alteration  nor  explanation,  and 
they  are  fully  satisfyed  in  them  as  they  are  ;  and  for  the  foure 
queries  ppounded,  they  conceive  they  are  easily  answered,  and 
doe  desire  and  intreate  the  gouerno''  on  their  behalfe  to  draw 
vp  an  answer  and  send  it  to  them,  so  soone  as  conveniently 
he  can. 

The  letter  from  if  Massefchusets  Court. 

Hono''ed  Freinds,  To  yo""  answer  of  our  declaration  (so  ill 
resented  by  you)  wee  made  no  reply  but  pposed  a  more  speedy 
way  (in  our  apprehensions)  to  prevent  all  misvnderstanding 


1653]  JTTEISDICTION   OP  NEW   HAVEN.  39 

and  composing  any  differrent  apprehensions  concerning  the 
true  sence  and  meaning  of  our  confederation,  &  in  pursuance 
thereof  our  Generall  Court  assembled  the  day  before  the  meet- 
ing of  the  Comission'"s,  to  whose  considerations  wee  p^sented 
some  propositions  to  tliat  end,  but  after  some  expence  of 
time  wee  were  satisfyed  our  endeavours  woukl  prone  fruitless 
through  want  of  power  on  their  parts ;  wee  resolued  therefore 
as  wee  haue  declared  in  our  returnes  to  them,  of  w^h  you  may 
be  fully  certifyed  by  yo«"  comissionrs,  to  address  ourselues  to 
the  severall  generall  courts  our  confederates,  to  present  our 
desires  of  a  right  vnderstanding  of  the  articles  of  our  confed- 
eration, being  induced  therevnto  by  the  differrent  app^'hen- 
sions  w^h,  (to  our  griefe,)  are  arisen  amongst  vs,  and  if  wee 
haue  offended  by  a  possitive  declaration  of  our  owne  sence  of 
[28]  II  the  articles,  let  it  be  accepted  in  pt  of  satisfaction  that 
wee  doe  at  present  presume  no  further  then  to  propound  some 
queries  to  yo^"  consideration,  the  resolution  of  w<=h  shall  not 
onely  bee  w^hout  offence,  but  that  w^h  wee  desire,  and  will 
much  conduce  to  begett  a  right  vnderstanding  betweene  vs. 

1.  Whether  the  reason  of  the  coinission''s  be  the  reason  of 
all  ye  genrii  courts. 

2.  Whether  notw^hstanding  the  determination  of  the  coihis- 
siont's,  the  courts,  in  cases  of  great  concernmt,  ought  not  to  be 
satisfyed  of  the  justice  of  their  determinations  before  they 
pceede  to  act. 

3.  Whether  it  can  consist  w^h  the  preservation  of  entire 
power  of  gouerment  reserved  to  the  seuerall  jurisdictions,  that 
the  juridicall  or  authoritative  determination  of  peace  and 
warr  should  be  in  the  hands  of  six  comission''s,  who  as  such 
are  not  members  of  any  court,  and  may  pbably  be  no  members 
of  a  dissenting  jurisdiction. 

4.  Whether  the  comission^s,  as  comission'"s,  be  subject  to 
the  gen^ll  courts  of  the  seuerall  jurisdictions  to  w^^h  they 
belong,  or  the  jurisdictions  and  generall  courts  be  subject  to 
the  comission«"s. 

The  Articles  wee  conceive  give  occasion  for  these  and  many 
other  questions  of  the  like  nature,  and  therefore  need  explan- 
ation or  reconsiliation  according  to  the  true  nature  of  a  con- 
federation, w^h  is  the  preservation  of  the  power  of  gouermt  of 
euery  jurisdiction,  not  the  stateing  of  any  power  in  comission''s 
otherwise  then  suijordinate  and  subservient  to  that  end. 

The  concordance  of  yo""  answer  (in  these  pticulars)  wUi  our 
apprehensions,  will  put  and  end  to  our  differrences  and  begett 
a  right  vnderstanding  betweene  vs. 

But  because  wee  cannot  assure  ourselues  thereof  in  euery 
pticular,  and  being  seriously  desireous  of  the  continewatiou  of 


40  RECORDS  OF   THE  [1653 

our  amitye,  wee  propose  to  yo""  consideration  that  a  comittee 
be  ciiosen  by  each  jurisdiction  to  treate  <fe  agi-ee  vpon  such 
explanation  or  reconsilliation  of  the  Articles  of  Confederation 
as  shall  be  consistent  w^li  our  true  meaning,  the  nature  of  a 
confederacy,  and  the  power  and  authority  of  euery  gouerment, 
w<=h  being  preserved  to  the  seuerall  generall  coui'ts,  may  be 
acknowledged,  ratifyed  and  confirmed,  the  endeavouring 
whereof  wee  accompt  the  duty  of 

Yo""  louing  frends  and  confederates, 

The  Generall  Court  of  the  Massachusets. 
Boston,  13th  of  Edward  Rawson,  Secret. 

September,  1653. 

The  ansicer  to  the  foregoing  letter. 
Much  Honnoured  Gentlemen,  Tpon  the  receipt  of  yo''s, 
dated  September  ISth,  1653,  wee  have  perused  and  considered 
what  passed  betwixt  yoi'selues  and  the  coinissionrs,  w^h  the 
vncomfortable  conclusion  of  the  last  meeting ;  wee  hoped  the 
answers  sent  from  the  generall  courts  of  Connecticote  and 
Newhaven  to  yo""  vnexpected  interpretation  might  haue  cleered 
the  Articles  of  Confederation  and  prevented  those  latter  agita- 
[29]  tions,  if  according  to  the  words  and  gramatticall  ||  sense, 
the  comission^s  have  power  to  judg  &  determine  the  justice  of 
an  offensive  or  vindictive  warr,  as  yo""  councell  and  comissionrs 
in  their  letter  to  the  gouernor  of  Xewhaven,  dated  July  21t*», 
1653,  granted,  and  yo''selues  seeme  to  confirme  in  the  former 
pt  of  yo""  first  wrighting  sent  to  the  comissionrs  at  their  last 
session ;  wee  suppose  they  haue  the  same  power  in  defensive 
warrs,  leagues,  aydes,  <fcc.,  but  confess  what  foUowes  in  yo"" 
said  wrighting  is  to  vs  darke,  if  not  a  contradiction.  They 
haue  no  power  to  judg  and  determine  in  the  premises  or  any 
pt  of  them.  They  doe  but  beate  the  ayre,  consider  and  con- 
clude ill  vaine,  if  none  of  the  colonies  be  obliged  to  act  accord- 
ing to  their  determinations.  TTee  grant  (as  the  comission''s 
themselues  haue  done,)  that  if  any  of  their  determmations 
prove  manifestly  vnjust,  (w^h  wee  haue  not  yet  heard  of,) 
they  ought  to  be  laide  aside.  It  i^better  to  obey  God  then 
man,  to  obey  God  then  generall  courts  or  comission'"s,  <fec., 
which  being  premised  and  duely  applyed  to  what  followetli,  we 
pass  on  to  yo""  foure  queries,  &.  conceive, 


1653]  JURISDICTION   OF   NEW   HAVEN.  41 

1.  That  as  the  reason  of  the  magistrats  and  deputies  in  each 
of  the  colonies,  in  what  is  peculier  to  them,  is  the  reason  of  ye 
colony,  so  the  reason  of  eight  or  six  comission'"s,  chosen  and 
invested,  &c.,  according  to  the  Articles,  is  the  reason  of  the 
confederates  in  matters  propper  to  the  confederation. 

2.  That  the  comission^'s,  in  the  scope  of  the  Articles  and 
intention  of  the  confederates,  are  the  representatives  of  the 
colonies,  who  vertually  meete  and  determine  in  and  by  them, 
and  in  severall  cases  sometimes  one  of  the  generall  courts, 
sometimes  another  may  not  see,  or  will  not  profess  to  see,  sat- 
isfying light,  Ijut  euery  scruple  admitted  to  stopp  proceedings 
may  prove  verey  prejudiciall  to  the  colonies  &  soone  breake 
the  confederation. 

3.  The  peculier  jurisdiction  and  gouerment  of  one  single 
colonie  may  be  well  distinguished  from  the  power  and  trust 
of  the  comission's.  The  former  wee  conceive  consists  in 
makeing,  repealing  and  executing  lawes,  choosing  their  owne 
officers,  and  all  things  of  like  nature,  wherein  themselues  are 
onely  concernd.  The  latter  in  affaires  of  warr,  peace,  leagues, 
aydes,  &c.,  wherein  all  the  colonics  by  their  confederation  are 
equally  interressed,  as  is  cleerly  &  fully  exprest  in  the  sixt 
Article,  so  that  these  are  no  wayes  inconsistent.  The  freemen 
in  each  colony  doe  or  may  yearly  choose  such  comission's  as 
in  whom  they  may  best  confide,  not  onely  members  but  if  they 
please  officers  of  their  courts,  but  m  each  generall  court  lawes 
&  conclusions  pass  by  most  voyces,  though  the  deputies  of 
some  pticular  plantations  interressed  dissent. 

4.  The  comission''s,  as  comission''s,  are  liable  and  may  be 
called  to  account  for  the  discharge  of  their  trust,  and  to  cen- 
sure for  vnfaithfullnes,  and  so  subject  to  the  gen:  courts  to 
w<^h  they  severally  belong,  but  w%all  these  foure  gen:  courts 
haue  joyntly  and  severally,  for  themselues  and  their  posteri- 
ties, entred  into  a  firme  and  perpetuall  covenant  to  act  accord- 
ing to  the  determinations  of  eight  or  six  of  their  comission's 
in  the  affiiires  of  the  confederation. 

[30]   II  So  that  though  these  and  many  other  questions  may 
be  ppounded,  yet  out  of  the  Articles  duely  considered,  satisfy- 
ing answers  may  be  giuen.     The  power  of  the  comission's  is 
6 


42  RECORDS  OF  THE  [1653 

&  ought  to  be  subordinate  and  subservient  to  the  safety  <fe 
wellfare  of  the  confederates,  and  neither  doth  nor  may  in- 
croach  vpon  the  peculier  jurisdiction  reserved  to  each  colonie 
in  pticular. 

Wee  yet  see  no  cause  to  chuse  or  send  a  comittee,  either  for 
explication  or  alteration  of  any  of  the  Articles ;  were  all  our 
spirits  in  as  right  a  frame  to  keepe  the  covenants  as  tenn 
yeares  since  to  enter  and  make  them,  \ree  suppose  these  dis- 
putes would  soone  be  at  an  end;  but  when  we  consider  what 
hath  passed  this  summer  concerning  the  Duch,  both  in  reffer- 
ence  to  the  vnjust  warr  they  haue  begun  and  still  prosecute 
against  the  Comonwealth  of  England,  the  former  hostile 
wronges  some  of  the  colonies  haue  here  susteyned,  for  w^h  no 
satisfaction  can  be  obteyned,  and  y^  late  bloody  conspiracy, 
w^h  (as  yo""  reverend  elders  acknowledg)  God  in  speciall 
fauour  hath  discovered,  and  vpon  what  (in  themselues)  satis- 
fying grounds  seven  of  the  comission''s  voted  a  warr  against 
Xiiligret,  (a  conspirato'"  w'h,  and  agent  for  the  Duch,)  and 
agreed  the  numbers  of  men  to  be  sent  forth,  according  to  w^h 
all  the  colonies  were  by  solemne  covenant  ingaged  to  act,  but 
find  that  the  councell  for  the  Massachusets  denyed  to  raise 
forces  for  that  service,  not  so  much  as  alleadging  that  any 
thing  in  y«  comission''s  determination  was  vnjust  or  contrary 
to  rule,  but  ouely  that  they  see  not  sufficient  ground  to  vnder- 
take  the  warr,  w<=h  any  generall  court  (in  the  justest  deter- 
minations) may  at  any  time  affirme  or  pretend;  but  such 
refiisall  (as  ycselues  well  knew  and  thereof,  anno  1648,  mind- 
ed ye  comission^s,)  is  a  breach  of  league  and  covenant.  And 
compareing  it  w^h  yo""  Strang  and  streined  interpretation  of  the 
Articles,  June  2^,  1653,  and  yo"^  later  agitations  w*h  the 
comission''s  in  y^  former  pt  of  September,  wee  cannot  but 
feare  it  is  by  many  a  premeditated  and  resolued  breach,  which 
certainly  is  a  pvoakiug  sinn  against  God,  of  a  scandalous  na- 
ture before  men,  and  may  produce  dangerous  etFects  to  the 
other  three  colonies.  It  had  bin^much  better  for  them  neuer 
to  haue  combined,  then  to  be  thus  deserted  by  them  that  first 
propounded  «fe  pswaded  to  the  confederation.  They  are  now 
exposed  more  to  the  malice  and  treachery  both  of  Dnch  and 


1653]  JURISDICTION   OP   NEW    HAVEN.  43 

Indians  then  before,  but  of  whom  it  will  be  required  yo'selues 
will  consider.  Wee  desire  first  to  looke  vp  to  the  gracious  & 
faithfull  God  who  keepeth  truth  for  euer,  and  in  the  second 
place  to  seeke  advice  and  help  elsewhere. 

Signed  by  Connecticot  &  Newhauen  Secrets. 
Dated  Nouein, 
first,  1653. 

Mr.  Goodyeare  read  a  letter  to  the  court  from  Stamford, 
informing  that  a  Duchman  w-h  knew  our  order  had  traded  at 
Stamford  some  small  matters  and  gathered  vp  some  pvisions 
for  his  paye,  w<=h  the  constable  hearing  of  staide  for  the  juris- 
diction till  further  order,  and  doth  now  desire  to  know  y^ 
[31]  minde  ||  off  the  coiirt.  The  court  declared  that  it  is 
a  direct  breach  of  y^  order,  and  therefore  is  justly  forfeite, 
but  if  any  of  the  pties  coceive  they  haue  anything  to  say  for 
themselues  w^h  may  excuse  or  mittigate  the  offence,  they  may 
apply  themselues  to  the  court  of  magistrats,  who  will  heare 
and  determine  as  they  see  cause,  according  to  the  law  in  that 
case.  Also  in  the  same  letter  they  propound  concerning  caske 
for  flesh,  that  they  cannot  get  their  coopr  to  make  any  caske 
aboue  25  gallons,  he  hauing  provided  and  cut  his  stuff  before 
the  order;  and  for  information  herein,  the  court  sent  for  Nic- 
olas Elsy,  a  coopr  here  at  Newhauen,  to  know  whether  the 
caske  might  not  be  made  according  to  the  order,  though  the 
stuff  was  cutt  for  a  less  size ;  he  said  he  could  not  so  fully  tell 
vnless  he  saw  the  stuff,  but  he  conceives  it  might  serve.  Also 
some  here  at  Newhaven  ppounded  that  the  order  might  be 
altered,  for  the  size  is  too  big,  and  at  Connecticot  the  order  is 
but  28  gallons,  w^h  ye  court  considered  of,  but  saw  no  cause 
to  alter  the  order  at  this  season,  sundrie  hauing  allready  sould 
some  quantities  of  beefe  beforehand  to  be  deliuered,  and  sev- 
erall  caske  being  allready  made,  and  some  psons  haue  packed 
vp  beefe  in  caske  of  this  size,  therefore  for  this  ycarc  they  con- 
firme  the  order  as  before,  and  if  Stamford  doe  not  make  their 
caske  according  to  the  order,  they  must  then  before  they  sell 
any  declare  to  the  buyer  what  they  hold,  that  so  no  deceipt  & 
vnrighteousnes  be  comitted. 


44  RECORDS   OF   THE  [1663 

Another  from  Stamford  was  read,  wherein  they  informe  the 
court  yt  their  is  some  differenc  betwixt  John  Chapman  and 
their  towne,  W^h  they  cannot  comfortably  issue  w^hout  the 
help  of  tw  magistrats,  and  therefore  they  desire  the  court  to 
send  two  magistrats  to  Stamford  to  keepe  court,  wherevpon 
this  court  did  order  that  a  letter  should  be  sent  to  them  in- 
forming that  if  the  differrence  be  but  small,  it  were  better  they 
issue  it  amonge  themsolues,  for  the  charg  will  be  great  in 
sending  and  will  fall  vpon  those  w^h  shall  be  found  delinquent, 
and  if  vpon  this  information  they  notw^hstanding  desire  it, 
two  magistrats  shall  be  sent  vnto  them. 

An  order  made  by  the  Comissionrs  concerning  the  makeing 
of  Duch  vessells  prize  if  they  be  taken  in  any  of  the  harbours 
of  the  Ynited  Colonies  was  read,  and  by  vote  confirmed  & 
declared  to  be  put  in  execution  in  this  colonie,  w'^h  order  is 
as  folio weth, 

Vpon  information  received  that  in  pursuit  of  Thomas  Bax- 
ter, who  (by  vertue  of  a  comission  from  Road  Island  vnder 
the  Comonwealth  of  England)  hath  taken  a  Duch  boate  or 
vessell  neare  the  Manhatoes,  the  Duch  haue  manned  out  two 
vessells  w*li  aboute  one  hundered  men  in  them  as  men  of 
warr,  and  did  then  lye  in  the  road  nere  the  opening  of  Fair- 
feild  harbour  where  Baxter  was,  the  Comissionrs  considering 
the  continewed  open  warr  betwixt  the  Comonwealth  of  Eng- 
land and  the  Netherlands,  w4i  the  hostile  affronts  the  Duch 
in  these  pts  haue  form''ly  offerred  to  the  English  colonies,  and 
the  late  execrable  conspiracy  charged  vpon  the  Duch  gouernor, 
his  fiscall,  &c.  judg  it  necessary  that  each  jurisdiction  w'liin 
its  owne  lymits  doe  declare  and  order  that  all  Duch  sliipps  & 
other  smaller  vessells  be  at  their  pcrill  prohibited  coming  into 
any  harbour  belonging  to  any  of  the  confederated  colonies, 
w^iout  express  lycense  from  the  gouerno''  of  the  colony  or 
some  other  magistrate  thereof,  and  if  any  such  shipp  or  ves- 
sell shall  after  such  order  duely  published,  come  into  any 
[31]  such  II  harbour  or  road,  and  being  by  some  magistrat  or 
the  next  millitary  officer  where  there  is  no  magistrate,  or  by 
such  as  are  in  each  colonic  appointed,  being  therevnto  requir- 
ed, shall  not  forthw^h  (or  at  least  w^hin  six  houres)  depart 
out  of  the  said  harbour  or  road,  ifshall  be  lawfull  for  the  said 
colonie  or  plantation  where  any  such  vessell  rides,  by  their 
owne  or  any  other  neighbour  force,  either  to  surprize  and 
seize  the  same  or  to  force  it  thence ;  and  in  the  present  pticu- 


1653]  JURISDICTION   OP   NEW   HAVEN.  45 

larc  case  at  Fairfeild,  if  the  said  Ducli  vessells  or  either  of 
them,  or  any  other,  be  or  shall  ride  or  stay  in  the  said  road  or 
harbour  or  any  other  harbour  or  road  in  those  western  colo- 
nies, it  is  hereby  declared  that  such  vessell  or  vessells  be 
comanded  forthw'h  to  depart,  but  if  the  master  or  masters,  or 
any  of  them,  or  such  as  order  the  said  vessells  or  any  of  them, 
refuse  or  delay  beyond  the  time  before  lymited,  (wind  & 
weather  pmitting  them  to  dcpt,)  the  inhabitants  of  Fairfeild 
or  any  other  plantation  w'hin  the  said  two  colonies,  calling  in 
help  (if  they  see  cause)  as  aboue,  shall  hauc  libertie  to  seize 
or  force  them  thence  as  they  can,  and  in  all  seizures  so  made, 
no  pt  either  of  goods,  riggen  or  apptenances  belonging  to  any 
such  vessell  shall  be  imbezelled  or  taken  into  any  private  vse 
till  by  a  due  tryall  in  the  jurisdiction  where  the  seizure  is 
made,  the  vessell  or  vessells  be  found  just  prize  by  vertue  of 
this  order,  and  vessell  and  goods  duely  prized,  and  that  after 
the  seizure  is  judged  lawfull  by  the  authority  afforesaid  and 
so  prised,  then  two  third  pts  shall  be  alowed  to  the  plantation 
or  to  such  persons  as  shall  seize  the  said  vessell  or  vessells, 
towards  charges  as  each  jurisdiction  shall  order,  and  one  third 
pt  (free  of  all  charges)  to  the  colonies  in  their  differrent  pro- 
portions. 

Boston  IT^h,  Septem.  1653. 

Simon  B] 

William  Hathorne, 

Tho:  Prence, 

John  Browne, 

Rogger  Ludlow, 

John  Cullick, 

Theoph  Eaton, 

John  Astwood. 

The  Court  considering  the  occasions  of  the  jurisdiction,  for 
defraying  of  necessary  charges  expended  and  to  be  expended, 
see  cause  to  order  that  a  rate  of  three  hundered  pounds  be 
Icuyed  from  the  seuerall  plantations  in  this  jurisdiction  in  due 
and  equall  proportions,  ouer  and  aboue  the  two  hundered 
pound  before  granted  in  June  last,  w^h  300''  is  to  be  pd  be- 
twixt this  and  the  last  of  December  next,  in  that  paye,  in  such 
manner,  and  vnder  the  same  penalty  as  the  former  200'^  is 
ordered  to  be  paide.     The  proportions  is  as  followeth, 


46  EECORDS   OP   THE  [1663 

Newhaveii,     113:  14:  06. 

Millford,        064:  04:  09. 

Guilford,        042:  07:  07^. 

Stamford,         34:  08:  03^ 

Southhold,       23:  07:  01|. 

Brandford,  21:  17:  09."  3001^:  00:  00. 
[33]  II  And  further,  considering  the  ingagment  the  jurisdic- 
tion stands  in  at  the  Bay  for  the  jDOwder  and  amunition  sent 
from  England,  and  brought  heither  in  y^  summer,  w^h  some 
other  debts  due  from  tlie  jurisdiction,  did  now  order  that  ouer 
and  aboue  the  former  rates,  sixty  nine  pounds  be  raised  in  the 
jurisdiction,  m  beefe,  porke,  pease  or  wheat,  all  good  and  mer- 
chantable, in  proportion  as  foUoweth, 

from  Newhaven,  271 :  00 :  00  Southhold  are  left  out  here  be- 

from  Millford,       16 :  GO :  00         cause  being  at  a  distanc  it 

from  Guilford,       11 :  00 :  00         was   conceiued   they  could 

from  Stamford,     09 :  00 :  00         ^^o*  send  so  soone,  but  they 

from  Brandford,    06:  00:  00         are  to  pay e  it  afterwards. 

And  that  it  be  all  paid  in  at  Newhaven  and  ready  to  send 
away  by  the  last  of  February  next,  and  if  any  plantation  faile 
of  their  pportion  or  any  pt  of  it,  they  shall  forfeite  a  fourth  pt 
of  their  pportion  that  is  so  vnpaide,  euery  moneth  that  it  so 
remauieth,  and  paye  the  principall  beside. 

It  is  ordered  that  John  Harriman  shall  haue  five  pounds 
alowed  him  out  of  the  treasury  for  the  forbearance  of  at  least 
one  hundered  pounds  aboute  a  yeares  time,  after  the  comis- 
sion^s  mett  here  last  in  anno  1651,  and  if  Millford  refuse  to 
paye  their  share  of  it,  because  their  deputies  plead  they  were 
not  behinde  in  their  rates  but  rather  beforehand,  it  is  agreed 
it  shall  be  made  vp  from  y«  other  townes. 


1653]  JUBISDICTION  OP  NEW  HAVEN.  47 

At  a  Generall  Court  held  at  Newhauen,  for  the  Juris- 
diction, NOUEMBR  22th,  1663. 
Present, 
Mag-istrats . 
Theophiliis  Eaton,  Esq»",  Gouemor. 
M^  Stephen  Goodyear,  Dept.  Gouerno'-. 
Francis  Newman,  Magistrat  for  Newhaven. 
Mr.  William  Fowler,  Mag:  for  Milford. 
Mr.  William  Leete,  Mag:  for  Guilford. 

Deputies. 

Mr.  Gibbard,     )  ^e^haven. 
Hen:  Lindon,    } 

Benja:Fenn,     j  Milford. 
Robert  Treat,    ) 
William  Chittenden,  )  g^^^if^p^i 
Thom:  Jordan,  ) 

Richard  Law,  j  gtai^fo.d. 
Francis  Bell,   ) 

Jasper  Crane,  j  g^andford. 
Sam:  Swame,  ) 
The  Gouernor  acquainted  the  court  w^li  a  letter  he  had 
received  w<=h  was  sent  to  Robert  Basset,  w'hout  date  or  name 
subscribed,  which  is  to  stirr  vp  to  stand  for  the  State  of  Eng- 
land, as  they  pretend,  and  to  stand  for  their  libberties,  that  they 
may  all  haue  their  votes  and  shake  of  the  yoake  of  gouermt 
they  haue  bine  vnder  in  this  jurisdiction ;  also  w^h  a  letter 
from  the  towne  of  Stamford,  makeing  complaints  of  their  rates 
and  other  greiuances  as  they  pretend ;  also  another  wrighting 
from  Stamford,  stirring  vp  to  raise  volunteeres  to  goe  against 
the  Duch,  and  that  themselues  will  send  forth  tenn  men  well 
furnished  for  the  warr;  also  a  letter  from  Mr.  Ludlow,  in- 
forming of  a  meeting  they  haue  had  at  Fau^feild,  at  w<=h  they 
haue  concluded  to  goe  against  the  Duch,  and  haue  chosen  him 
[34]  for  their  cheife  ||  and  he  hath  accepted  it;  all  w'^h 
wrightings  were  read  to  the  court,  after  w^h  the  court  consid- 
ered whether  they  were  called  at  this  time  to  send  forth  men 


48  RECOEDS  OP  THE  [1658 

against  the  Duch,  and  after  miicli  debate  and  consultation  had 
w^h  most  of  the  elders  in  the  jurisdiction,  the  issue  was,  w^h 
the  court  by  vote  declared,  that  considering  the  hazards  and 
dangers  attending  such  a  designe,  especially  now,  it  being  so 
nere  winter,  and  the  want  of  suitable  vessells  and  the  like, 
they  see  not  themselues  called  to  vote  for  a  present  warr,  but 
to  suspend  a  full  issue  till  Connecticote  jurisdiction  be  ac- 
quainted w'h  it  and  giue  notice  what  they  will  doe ;  but  if  they 
agree  to  cary  it  on  now,  then  this  court  agrees  to  joyne  w^h 
them  and  to  meete  againe  to  consider  and  order  as  the  case 
may  require. 

The  Court  considering  the  disorderly  and  mischevious  way 
wherein  Thomas  Baxter  doth  and  hath  for  some  time  gon  on, 
in  plundering,  spoyling  and  robing,  to  the  great  disturbance 
of  the  colonies,  specially  in  takeing  a  vessell  w^h  belonged  to 
Plymouth,  to  the  great  damage  of  sundrie  psons  w^h  were 
comeing  to  plant  vnder  the  English,  and  not  knowing  of  any 
lawfull  comission  he  hath  to  do,  these  things,  did  order  that  a 
letter  should  he  written  to  Connecticote  to  desire  them  to  put 
forth  their  authority  to  take  liim  if  he  come  w'hin  their  juris- 
diction, and  if  he  come  w'hin  any  of  these  foure  townes,  viz'i, 
Newhaven,  Millford,  Guilford,  or  Brandford,  that  he  bee  seized, 
his  comission  examined,  and  as  things  appeare,  further  pceed- 
ing  may  bee ;  and  if  he  come  to  Stamford  that  a  letter  be 
written  to  them  to  doe  as  shall  be  thought  fitt  by  the  gouerno'', 
when  he  heares  what  Connecticote  will  doe  in  that  also. 

The  Court  was  informed  by  M'".  Goody eere  and  M.  Newman, 
who  went  lately  to  Stamford  to  issue  some  difference  betwixt 
the  towne  and  Jn^  Chapman,  and  to  setle  a  right  vnderstand- 
ing  of  things  for  the  better  quieting  of  their  spirits,  w^h  are  in 
a  mutinous  way,  and  tliat  when  they  came  their  the  buisnes 
betwixt  ye  towne  and  Jn"  Chapman  was  not  prepared,  Jn" 
Chapman  refusing  to  haue  it  heard  by  two  magistrats  but  will 
haue  it  issued  in  a  full  court,  but  being  there  they  caused  y« 
towne  to  be  called  together,  and  being  mett  they  found  them 
for  ye  most  pt  full  of  discontent  w'h  the  present  goucrment 
they  are  vnder,  pleading  that  they  might  haue  their  free  votes 
in  y  choise  of  civill  ofiicers,  makeing  objections  against  tlieir 


1653]  JURISDICTION   OF  NEW   HAVEN.  49 

rates,  and  ppoundecl  to  liauo  their  charges  of  watching  and 
warding  the  summer  past,  w'h  some  worke  made  aboute  their 
meeting  house  for  their  defence,  borne  by  the  jurisdiction,  and 
that  they  might  haue  twelue  men  sent  them  at  the  jurisdiction 
charge  to  lye  there  all  winter  for  their  defence,  w^h  some  other 
things,  (Robert  Basset  and  Jn^  Chapman  being  two  of  the 
cheife  speakers,)  and  after  much  debate  w^h  them  to  quiet 
them,  Wh.  did  litle  prevaile  w^h  y"%  an  order  from  the  comit- 
tee  of  Parliament  in  England  sent  to  this  colony  was  read  to 
them,  requiring  them  to  submitt  to  the  gouerment  they  are 
vnder,  w^ h  did  somewhat  alaye  their  spirits  for  y^  present,  and 
they  desired  further  time  to  consider  of  things  and  they  would 
in  some  short  time  send  their  minde  to  the  gouerno''  in 
wrighting. 

[35]  II  The  Court  considered  of  these  things  &  saw  cause  to 
order,  that  after  their  propositions  are  sent  and  y^  gouerno*" 
hath  considered  of  them,  if  he  see  cause,  a  warrant  shall  be 
sent  Wh  shall  haue  refferrence  to  y^  order  from  England,  and 
in  submission  to  it  requiring  John  Chapman  and  Robert  Bas- 
set to  appeare  here  at  Newhaven  at  such  time  as  the  gouerno'^ 
shall  appointe,  to  answer  such  things  as  shall  be  laid  to  tlieir 
charge. 

It  is  ordered  that  till  the  election  court  in  May  next,  every 
towne  shall,  so  often  as  the  generall  court  or  court  of  magis 
trats  haue  occasion  to  meete,  pvide  for  their  owne  magistrats 
and  deputies  at  their  owne  charge,  that  so  these  publique 
jurisdiction  charges  may  be  lessened. 


50  RECORDS   OF  THE  [1653 

At  a  GENERiU^L  Court  held  at  Newhauen  for  the  Juris- 
diction THE  8th  OF  March,  1653. 
Present, 
Magistrals. 
Theophilus  Eaton,  Esq%  Goiiernor. 
M^.  Stephen  Goody eer  Dpt  Gou. 
Francis  Newman, 
M"-.  William  Fowler, 
My.  William  Leete, 

Deputies. 

Henry  Lindon,  ) 

Benjamin  Fenn,  j  ^^^^^^^.^^ 

Robert  Treate,     ) 

^^'-  Chittendene,  j  ^^^^^^^^^^^ 

Mr.  Jordan,  ) 

Richard  Lawe,  Stamford. 

M.  Crane,  )  t>  ji>  i 
r,  r.  ^  \  Brandford. 
Sam  Swame,  ) 

The  Gouernor  informed  the  court  that  the  generall  court 
for  Connecticote,  vnderstanding  of  sundrie  miscariages  that 
Thomas  Baxster  hath  done  in  their  jurisdiction,  and  in  this 
also,  haue  sent  downe  theire  marshall  w4i  a  comission  to  goe 
to  Fairefeild  and  seize  him,  wherein  they  desire  our  concur- 
rance  and  the  help  of  two  men  from  hence,  else  his  order  was 
to  returne  and  pceede  no  further,  wherevpon  the  magistrats 
of  Newhauen  mett  together  and  considered  the  case,  w^h  would 
admitt  of  no  delay,  thought  it  best  to  send  two  men  from 
hence  w'h  him,  who  are  this  morning  gon  towards  Fairfeild. 
The  court  by  vote  fully  approued  of  what  was  done  and  judg 
it  necessary  that  such  a  course  should  be  taken  for  his  appre- 
hension, and  did  now  further  order  that  if  Thorn  Baxster 
should  be  fled  from  Fairfeild  to  Greenwich,  (as  it  is  like  he 
may,)  then  Richard  Law  ye  constable  of  Stamford,  hath  here- 
by lycence  &  authority  to  take  men  at  Stamford,  (if  Baxsters 
strength  be  not  to  great  for  them,)  &  seize  him  &  bring  him 
to  Newhaven. 


1653]  JURISDICTION    OP    NEW    HAVEN.  51 

The  Goiierno''  declared  to  ye  court  that  he  had  received  a 
wrighting  from  M"".  Wells,  of  Southhold,  informing  of  sundrie 
high  miscariages  of  John  Youngs,  and  also  a  testimony  of 
Capt.  Silvester  and  M.  Booth,  vpon  oath,  wherein  they  testifye 
that  they  heard  John  Youngs  say  that  hee  would  pcure  60 
men  at  Vncaway  and  make  a  garrison  at  Southhold  to  defend 
him  against  the  power  of  Newhaven ;  vpon  the  reading  of  W^h 
paprs  the  court  judged  it  necessary  that  John  Youngs  should 
be  called  to  account  for  these  things,  but  hear  now  by  Richard 
Law  that  John  Youngs  is  imprisoned  at  the  Duch,  and  there- 
fore at  present  stopped  from  these  disorderly  pceedings ;  they 
[36]  ordered  ||  that  if  any  letter  should  be  sent  from  his  father 
or  others,  soliciting  this  jurisdiction  to  vse  some  meanes  for 
attayning  his  libertie,  then  a  letter  should  be  sent  from  hence 
to  the  Duch  gouernor,  desiring  he  may  bee  deliered  to  vs  here 
at  Newhauen,  (at  the  charge  of  them  that  solicit  for  him,)  to 
answer  such  miscariages  as  we  haue  to  charge  against  him. 

M"".  Herbert  and  Mr.  Moore,  inhabitants  of  Southhold,  being 
liere,  the  court  desird  to  speake  wUi  them,  and  being  come 
before  the  court,  they  asked  them  concerning  the  affaires  of 
Southhold,  and  pticularly  aboutc  some  differences  w'^li  they 
haue  heard  is  among  them,  and  whether  their  rates  are  paide, 
and  whether  themselues  haue  taken  tlie  oath  of  fidcUitic. 
They  answered  for  the  oath  of  fidellitie,  neither  themselues 
nor  many  others  in  Southhold  haue  taken  it,  and  they  desire 
now  to  be  forborne  also,  and  if  the  court  please  to  send  ouer 
two  magistrats  to  Southhold,  (w^h  they  would  cary  and  bring 
home  at  their  charge,)  to  issue  some  differrences  theire,  they 
hope  before  they  come  away  they  should  doe  what  the  court 
desires,  and  for  rates  they  know  not,  but  what  hath  bine  de- 
manded is  paide. 

It  was  ppounded  to  them  whether  it  were  not  better  that 
some  of  both  pties  amongst  whom  the  differrences  are,  (who 
may  haue  power  to  act  for  ye  rest,)  should  come  heither  to 
Newhaven  at  the  court  of  magistrats  the  last  Munday  in  May 
nest,  where  they  might  haue  better  help  for  issuing  of  things 
then  they  can  expect  from  any  that  can  be  sent ;  they  lioth 
approved  of  the  motion  and  hope  their  towne  will  attend  it. 


52  RECORDS  OP  THE  [1653 

They  ppouncled  wlio  shall  giiie  oath  in  case  witnesses  are  to 
be  examined  &  sworne ;  the  court  considered  of  it  &  told  them 
that  they  thought  it  would  be  satisfying  to  all  pties  if  y^  court 
desired  M*".  John  Youngs,  pastor,  to  wright  the  depositions  of 
any,  and  then  the  deputies  or  either  of  them  might  giue  oath, 
Wh  motion  they  fully  approued  of,  and  the  court  did  now 
order  that  a  letter  should  be  written  to  Southhold  from  this 
court,  informing  them  of  this  agreemt,  and  desiring  them  to 
attend  it,  and  also  that  the  rates  due  to  y^  jurisdict  may  be 
speedily  sent  to  the  treasurer  at  Newhauen,  or  at  y^  furthest 
brought  w'h  them  when  they  come  to  y^  court  in  May  next. 

After  Thomas  Moore  was  departed  he  returned  againe  to  y^ 
court  and  declared  his  willingness  to  take  the  oath  of  tidellitie 
now,  w^h  the  court  well  accepted  and  administred  the  oath  of 
fidellitie  to  him,  and  declared  tliat  if  he  be  a  member  of  Salem 
church,  and  haue  letters  of  recomendation,  and  lyes  vnder  no 
offence  to  hinder,  he  may  haue  the  freemans  charge  giuen 
him  at  Southhold  and  be  admitted  a  freeman  as  others  are. 

Leiutennant  John  Nash  was  propounded  to  the  court  and 
approued  of  by  the  court  for  the  cheife  millitary  officer  at 
Newhauen  for  y^  p^sent. 

And  Leutennant  Samuell  Swaine  was  ppounded  and  ap- 
proved of  for  Brandford  in  y^  same  way. 

The  Gouerno'^  informed  the  court  that  Capt.  Vnderhill  de- 
sires some  advice  concerning  a  horse  W^h  hee  seized  at  South- 
hold,  w^h  was  taken  from  the  Duch  by  Thom  Baxster,  but  the 
court  declared  y'  they  would  not  medle  w'h. 

It  is  ordered  that  a  dinner  be  pvided  at  the  ordinary  for  ye 
court  and  whom  they  shall  invite  vpon  the  election  day,  at  the 
publique  charge  of  the  jurisdiction,  but  after,  euery  towne  is 
to  pvide  for  theire  owne  magistrats  and  deputies. 

Thomas  Baxster  being  seized  at  Fairfeild  and  brought  to 
Newhave  the  10* i'  of  March,  was  called  before  the  court  and 
told  that  hee  stands  charged  w'^h  sundrie  oifensiue  carriages, 
for  w^h  j^  court  conceives  he  caiijiaue  no  comission  to  beare 
him  out,  and  first  his  cariag  aboute  seizeing  M.  Mayoes  vessell, 
w«=h  all  the  comission''s  haue  witnessed  against  and  written  to 
Road  Island  aboute  it,  for  w^h  cariag  Road  Island,  as  they  are 


1653]  JURISDICTION   OP   NEW    HAVEN.  53 

[37]  informed,  hath  declared  ||  themselues  offended  w^h  him, 
calling  in  his  coinission  and  haue  made  it  voyde  and  null,  and 
would  haue  proceeded  against  him  but  that  he  made  an  escape 
from  them,  beside  many  miscariages  of  a  high  nature  at  Fair- 
feild,  but  they  belonge  to  another  jurisdiction,  whether  the 
court  referred  them ;  but  for  this  jurisdiction  he  was  told  his 
miscariages  at  Stamford  haue  bine  verey  offensive,  as  that  he 
will  beate  vp  a  drume  there  for  volunters  and  flourish  his 
cullers  to  gather  company,  and  if  any  oppose  him  he  threatens 
them,  and  pticularly  the  constable ;  thus  he  tramples  upon  the 
authority  sett  vp  there  ;  also  his  miscariage  lately  at  Millford 
in  carrying  away  M.  Fowlers  cannow,  and  when  one  of  Millford 
told  him  it  was  the  magistrats  cannow,  he  slighted  such  words, 
and  when  they  laid  hands  vpon  it  to  stay  it,  he  w^h  a  halfe 
pike  strucke  the  man  betwixt  the  head  and  shoulders,  and  one 
of  his  men  drew  his  cutlash  and  struck  at  his  hand  but  missed 
it,  and  the  rest  stood  w^h  their  peeces  cocked  &  vowed  they 
would  shoote  ;  beside  his  cariage  in  entertaining  and  keepeing 
Mr.  Fowlers  servant,  and  when  he  sent  for  him  he  would  not 
deliuer  him  but  said  he  had  buisnes  for  him  and  when  he  had 
done  w^h  him  he  would  send  him  home. 

Hee  was  asked  what  he  said  to  these  things,  and  whether  he 
had  coinission  to  act  thus ;  he  said  he  thought  hee  had,  but 
his  coinission  being  pvsed  there  was  no  such  thing  in  it,  but  he 
is  lymitted  to  y^  Duch  and  enemies  of  the  Comonwealth  of 
England,  and  to  behaue  himselfe  civilly  to  all  the  plantations 
in  the  English  colonies. 

Hee  said  if  he  spake  so  at  Stamford  it  is  out  of  his  knowledg, 
and  for  M^  Fowlers  man  he  did  send  him  home  afterward ; 
for  the  miscariage  at  Millford,  they  were  so  lately  and  testifyed 
by  so  many  witnesses,  as  Ensigne  Bryan,  James  Eoggers  his 
man,  and  others  p'^sent,  and  might  be  confirmed  by  others  at 
Millford,  that  he  could  not  deny  them.  The  court  hauing 
pceeded  thus  farr,  for  the  p^sent  dismissed  him  to  be  sent  to 
Connecticote,  to  answer  for  what  he  hath  done  in  their  juris- 
diction. 

Two  of  Thom  Baxsters  men,  namely  William  Ellitt  and 
Abraham  Frost,  were  also  brought  prisoners,  the  tryall  of 


64  RECORDS   OP  THE  [1653 

whom  this  court  refferrs  to  Connecticote  as  most  propr  to 
them,  onely  the  marshall  of  Connecticote  desired  that  the  tes- 
timony of  one  of  Fairfeild  here  p''sent  may  be  taken  and  sent 
to  Connecticote,  because  it  may  be  of  some  vse  to  them  there, 
w^h  tlie  court  granted,  &  is  as  followeth, 

John  Odell  testifyeth  vjDon  oath,  that  as  Baxsters  men  went 
vp  and  downe  the  streets  of  Fairefeild  w^h  their  swords  drawne 
in  their  hands,  he  heard  William  Ellitt  sweare  w'h  a  great 
oath,  (but  knowes  not  the  words,)  that  w^h  them  hands  of  his 
he  would  be  avenged  vpon  the  blood  of  some  of  them  w<^h  had 
taken  his  captaine,  and  he  supposeth  there  were  aboute  a  dozen 
of  them  Wh  so  runn  w^h  their  swords  drawne. 

Eobert  Basset  was  also  brought  alonge  w^h  them  prisoner, 
and  charged  by  the  marshall  of  Connecticote,  Leiutennant 
Cooke  and  goodman  Lewis  of  Hartford,  Edward  Parker  and 
Daniel  Hopper,  our  two  men,  also  joyning  w*h  them,  that  the 
said  Robert  Basset  caried  it  in  a  sideing  way  w'^h  Thomas 
Baxster,  for  when  they  had  seized  him  at  the  ordinary  house 
dore,  quietly  led  him  away  wUiout  disturbanc,  Robert  Basset 
came  ruiiing  after  them  w'h  his  hand  ypon  his  sword,  being 
amazed,  as  himselfe  saith,  to  heare  Baxster  was  taken,  and 
gaue  them  many  high  and  offensive  words  and  cariag,  affront- 
ing them  in  their  way,  comanding  Leiutent  Cooke  to  put  vp 
his  sword,  (though  he  saith  he  intreated  him,)  W^h  when  they 
saw,  they  disarmed  him,  and  the  marshall  comanded  him  to 
aide  them,  so  he  went  to  the  house  w^h  them  where  they  kept 
Baxster  prison^,  and  staid  a  while,  but  after  went  away  w^hout 
leaue;  further  Connecticote  men  say  that  they  conceive  he 
might  be  some  occasion  of  the  disturbanc  w'^h  fell  out  after- 
ward, because  while  hee  was  w'h  them  at  the  house  they  mett 
w^h  none,  and  they  thinke  Baxsters  men  knew  not  where  they 
were,  but  quickly  after  he  was  gone  they  came  and  assaulted 
[38]  y«  watch  [&  fought  w'h  them,  in  which]  ||  skirmish  one 
of  Baxsters  men  was  killed  and  one  of  our  men  wounded,  and 
after  this  hurt  was  done  he  came  to  the  house  againe,  and  de- 
sired to  speake  w^h  the  Capt.,  au^J/ being  there  began  to  reason 
the  case  w^h  them  aboute  seizing  of  Baxster,  and  justifyed  him 
in  his  way,  pleaded  for  him  and  against  those  that  tooke  him, 
saying  what  had  he  done  that  they  came  to  take  him  as  a 


1653]  JURISDICTION   OF   NEW    HAVEN.  55 

rogue,  a  tlieefe  and  a  imirtiierer,  w^li  swords  and  staues ;  fur- 
ther goodman  Lewis  said  that  as  Robert  Basset  and  he  came 
along  together  in  the  way  heither,  he  desired  hini  that  things 
might  not  be  prosecuted  too  heavily  against  him ;  goodman 
Lewis  told  him  he  should  attend  truth,  but  he  had  heard  that 
he  had  bine  active  in  drawing  company  together  against  the 
coihonwealth  where  he  Hues,  and  that  he  will  be  a  reformer, 
not  onely  of  comonwealthes,  but  of  churches  also;  Robert 
Bassett  said  hee  knew  the  ground  of  such  reports,  w^^li  was  a 
letter  hee  received  wt^hout  any  name  subscribed,  speaking  to 
that  purpose,  and  said  hee,  indeed  this  is  the  thing  that 
troubles  mee,  that  wee  haue  not  oui-  vote  in  our  jurisdiction 
as  others  haue,  and  instanced  Connecticote  jurisdiction. 
This  discourse,  both  in  the  house  w'h  them  &  in  the  way  w^h 
goodman  Lewis,  Robert  Basset  owned,  but  would  haue  excused 
himselfe,  saying  it  was  drawne  forth  of  him,  but  was  told  it 
was  w^hin  before,  else  it  could  not  have  bine  drawne  out. 

Robert  Basset  was  told,  beside  these  miscariages  before 
spoken  of,  the  court  hath  heard,  and  some  of  them  haue  scene, 
(as  Mr.  Goodyeare  and  M'".  Newman,)  at  Stamford,  his  bold- 
ness and  forwardness  in  expressing  himselfe  against  the 
gouermt  of  the  jurisdiction,  and  how  actiue  he  hath  bine  to 
raise  and  cary  on  an  insurrection  in  both  these  colonies,  as 
appeares  by  the  wrighting  w^h  he  and  John  Chapman  was 
bringing  along  the  coast  to  raise  volunteeres  to  goe  against  the 
Ducli  as  was  pretended,  himselfe  ingaging  therein  wUiout  any 
approbation  from  authority  here,  so  that  he  hath  bine  a  ring- 
leader in  these  wayes  of  disturbance  and  vndermining  the 
gouermt  of  the  jurisdiction,  and  this  hath  bine  contrary  to  his 
oath  of  fidellitie  taken  to  this  jurisdiction,  and  contrary  to  a 
knowne  express  law  pulilished,  and  after  he  hath  heard  the 
letter  from  the  comittee  of  Parliam'^  vnder  their  hands  and 
scale,  requiring  his  submission  to  the  gouerment  here  estab- 
lished. 

Robert  Basset  said  that  in  his  heart  and  intentions  hee  hath 
not  broken  this  law  or  his  oath,  but  in  some  appearance  hee 
may  haue  broken  them,  he  was  told  this,  an  answer  once  for 
all  in  such  cases,  that  the  court  judges  not  by  mens  hearts  and 


56  RECORDS  OF  THE  [1653 

intentions,  that  is  a  worke  propr  to  the  all  seeing  God,  but  the 
court  judges  by  words  and  actions,  both  wch  haue  evedently 
declared  that,  contrary  to  his  oath  and  the  law  of  the  jurisdic- 
tion, he  hath  received  a  seditious  letter  to  disturbe  the  peace 
of  the  jurisdiction,  to  vndermine  and  by  fore  to  ouerthrowe 
and  alter  the  verey  foundations  thereof,  and  indeed  to  turne 
things  vpsidowne  in  church  and  com  on  wealth.  This  letter  he 
conceales,  though  receiued  as  himselfe  saith  here  at  Newha- 
ven,  neuer  acquaints  any  magistrate  w^h  it,  nor  after  at  Stam- 
ford acquaints  not  the  constable  or  any  deputy,  till  the  con- 
stable hearing  of  it  in  the  towne  goes  to  inquire,  and  then  he 
showes  it  him  but  in  his  owne  hand ;  this  letter  hee  spreads 
[39]  abroade  to  kindle  a  fire  and  stirr  vp  the  spirits  ||  of 
others  to  the  same  rebellion,  acting  himselfe  both  in  publique 
and  private  in  a  constant  way  for  a  good  space  of  time  to  ouer- 
throwe the  foundations  of  gouerment  here  established. 

Robert  Basset  was  told  this  is  the  substance  of  the  charge 
against  him,  and  if  he  will  confess  it  he  may ;  if  not,  then  the 
court  must  pduce  proofe  thereof;  then  Robert  Basset  said, 
hee  sees  that  in  his  cariage  he  hath  acted  so  as  the  charge 
holds  forth,  w^h  hee  did  not  see  before,  and  hee  hopes  hee  hath 
cause  to  bless  God  that  hath  brought  him  heither  at  this  time, 
for  hee  sees  his  course  hath  bine  sinfull  and  not  according  to 
the  light  that  God  hath  giuen  him. 

After  this  he  was  asked  who  hath  bine  of  this  confederacy 
w'h  him  as  cheife  actors  in  the  buisnes,  and  what  meetings  he 
had  w'h  John  Youngs  at  Stamford;  hee  said  John  Youngs 
was  at  his  house,  and  one  Capt.  Eason,  and  they  were  con- 
triving to  raise  forces  to  goe  against  the  Duch,  and  some 
wrightings  were  drawne  vp  concerning  the  shares  of  seuerall 
officers,  w<=h  wrightings  are  at  his  house  to  bee  scene,  and  for 
any  at  Stamford  he  named  John  Chapman,  Jeremiah  Jagger, 
old  Newman  and  William  Newman,  Wh  are  vnsatisfyed  wUi 
the  gouerment  of  the  jurisdiction  because  they  haue  not  their 
votes. 

Robert  Basset  was  told  that  th6se  men  must  be  sent  for  and 
the  wrightings  at  his  house,  and  the  court  will  meete  againe 
to  consider  of  these  things,  and  in  the  meane  time  hee  must 


1653]  JURISDICTION   OF  NEW   HAVEN.  57 

remaiiie  a  prisor  here  at  Newhaveii,  but  he  can  giue  securitie 
to  the  valew  of  fifty  pound  for  his  appearance  at  the  court 
one  Wedensday  come  seven  night,  the  court  will  show  him 
that  fauour  that  he  shall  be  a  prisoner  in  the  marshalls 
house. 

It  is  ordered  that  a  warrant  be  sent  in  the  name  of  this 
court  to  warn  John  Chapman,  Jeremiah  Jagger  and  William 
Newman,  inhabitants  of  Stamford,  to  appeare  here  at  New- 
haven  before  the  generall  court,  who  appoints  to  meete  againe 
on  Wedensday  come  seven  night,  at  one  a  clock  in  y^  after- 
noone,  to  answer  such  miscariages  as  shall  be  laid  to  their 
charge. 

It  is  ordered  that  a  serious  view  be  made  in  euery  planta- 
tion in  this  jurisdiction,  to  see  who  haue  taken  the  oath  of 
fidellitie  &  who  have  not,  and  that  all  male  psons  from  sixteene 
yeares  old  and  vpward,  w'^h  haue  not  allready  taken  it,  wheth- 
er chilldren,  servants  or  sojournors,  as  well  as  planters,  doe 
take  the  said  oath,  and  that  at  the  generall  court  in  May  next, 
a  cirtifycate  be  Ijrought  from  each  plantation  and  p»sented 
that  they  haue  so  taken  it,  or  if  any  refuse,  their  names  are  to 
be  returned,  but  if  the  authority  of  y^  place  finde  any  vnfitt- 
ness  in  any  pson  by  their  ignoranc  not  vnderstanding  the  na- 
ture of  such  an  ordinance,  they  may  dispense  w'h  them  a  con- 
venient time  for  the  better  informing  themselues,  that  y^  name 
of  God  may  not  be  taken  in  vaine. 


58  records  op  the  [1653 

[40]     At  a  Generall  Court  held  at  Newhauen  for  the 
Jurisdiction,  the  22'''  of  March,  1653. 
Present. 
Magistrals. 
Theophiliis  Eaton,  Esq"",  Gouerno^ 
Mr.  Stephen  Goodyear,  Dept  Goller^ 
Francis  Newman,  for  Newhaven. 
Mr.  William  Leete,  for  Guilford. 
Deputies. 

M.-.  William  Gibbard,  )  ^e^haYen. 

Henry  Lindon,  ) 

Benjamin  Fenn,  )  ^jnford. 

Eobert  Treate,     ) 

Mr.  Chittendine,  |  ^^^^^^^,^^ 

Mr.  Jordan,  ) 

Richard  Law,  j  gt^niford. 

Francis  Bell,   ) 

Mr.  Craine,  }  gpandford. 


Samnell  Swaine, 
Robert  Basset  was  called  before  the  court,  and  being  re- 
membred  of  what  was  the  last  court  charged  vpon  him  and 
confessed  by  him,  he  was  asked  where  those  wrightings  are 
V'^h  he  informed  the  court  of;  he  said  he  thought  goodman 
Law  had  had  order  to  bring  them ;  he  was  told  so  he  had,  and 
did  looke  in  his  house,  but  the  wrightings  were  conveyed  away. 
Hee  was  asked  what  that  letter  was  that  he  receiued  since 
wUiout  a  name ;  he  said  it  was  a  letter  from  Abraham  Kim- 
berly,  W^h  he  sent  to  him  aboute  aboute  some  buisnes  concern- 
ing Adam  Motts  saying  Baxster  was  a  rogue,  and  M'  Ludlow 
was  his  brother.  He  was  asked  what  conferrenc  hee  hath  had 
here  at  Newhaven  to  raise  disturbance  ;  he  said  hee  was  once 
at  the  ordinary  where  some  of  the  towne  were,  and  they  were 
speaking  aboute  the  designe  agahist  the  Duch  npt  goeing  on, 
and  hee  hearing  Scarbrough  was  coming  from  Vergenia  w^h 
a  coinission  against  the  Duch  said,  what  if  a  company  should 
com  from  the  west,  and  call  them  to  account,  but  was  told  that 


1653]  JUEISDICTION   OP  NEW   HAVEN.  59 

those  which  heard  him,  speake  otherwise,  as  Richard  Beckly, 
"William  Meaker  and  Edward  Patty  son,  who  testify  that  Rob- 
ert Basset  said,  what  if  a  company,  or  army,  should  rise  from 
the  west  and  call  the  authority,  or  colonies,  in  these  pts  to  ac- 
count, what  would  they  doe  then,  and  the  two  latter  say  that 
hee  asked  if  they  would  joyne  w^h  them,  w^h  showes  that  hee 
spake  it  to  corrupt  them,  nor  can  the  court  heleeve  that  he 
spake  in  referrence  to  Scarbrough  then,  but  of  a  Malignant 
pty  w«=h  hee  hoped  would  rise,  to  ouerthrow  churches  and 
comonwealthes,  as  the  first  letter  hee  received  w'hout  a  name 
imports. 

Beside  all  this,  Serjant  Bell,  one  of  the  deputies  for  Stamford, 
informed  the  court  that  though  Robert  Basset  hath  bine  a 
great  disturber  of  their  peace  in  Stamford,  at  sundrie  times 
in  severall  meetings,  yet  vpon  the  7^^  of  March  last,  the  day 
that  the  deputies  were  to  come  to  the  last  court,  there  being 
a  towne  meeting  called  at  Stamford,  he  caried  it  worss  then 
euer  before,  (though  hee  seemed  before  convinced  of  his  mis- 
cariages  and  hoped  he  should  neuer  so  offend  againe,)  for 
when  the  towne  was  come  together,  Robert  Basset  stood  vp 
and  asked  what  the  meeting  was  for,  Richard  Law,  the  consta- 
ble, answered,  there  was  a  generall  court  to  be  at  Newhauen, 
and  deputies  were  sent  for  to  goe  theither ;  Robert  Basset  re- 
plyed,  they  would  obey  no  authority  but  that  w^h  was  from 
the  State  of  England ;  the  constable  answered,  this  authority 
is  the  authority  of  England;  that  he  denyed  and  said,  then  let 
vs  haue  Englands  lawes,  for  England  doe  not  prohibbitt  vs 
from  our  votes  and  liberties,  and  here  wee  are,  and  wee  are 
cut  of  from  all  appeales  to  England,  and  wee  can  [have] 
no  justice  here;  further  he  said  they  were  made  asses  of, 
[41]  II  and  their  backes  are  allmost  broke,  and  it  is  time 
for  them  to  looke  to  themselues  and  to  throw  their  burden  of, 
for  they  shall  be  made  very  fooles  ;  and  he  spake  against  the 
justice  of  the  authority  of  this  jurisdiction;  a  replye  being 
by  some  in  defence  thereof,  hee  said,  is  that  authority  just, 
that  makes  what  lawes  they  please,  executes  them  as  they 
please,  calls  for  rates  when  they  please,  and  neuer  so  much  as 
giue  them  a  reason.     Francis  Bell  told  him  that  this  should 


60  RECOEDS  OP  THE  [1653 

be  declared  at  the  court,  liee  answered  yes,  it  was  his  mind 
it  should  be  so,  and  therefore,  saith  hee,  I  will  say  it  againe,  is 
that  authority  just  that  makes  what  lawes  they  please,  executes 
them  as  they  please,  calls  for  rates  when  they  please,  and 
neuer  so  much  as  giue  them  a  reason.  Hee  also  said  that 
they  were  not  so  much  as  neighbours,  but  bond-men  &  slaues, 
but  that  being  witnessed  against,  hee  justifyed  what  hee  had 
said,  saying  they  must  be  bond-men  or  free-men,  for  their  was 
no  medium.  To  these  passages  both  the  deputies  of  Stamford 
witness  to  the  substance  of  them,  and  William  Newman  to 
some  of  them,  but  the  whole  charge  was  in  court  owned  & 
confessed  by  himselfe,  except  that  passage  (that  they  could 
liaue  no  justice  here.)  Robert  Basset  was  asked  if  he  knew 
what  libertie  men  had  in  England  in  poynt  of  vote,  he  said  no; 
hee  was  informed  that  many  thousands  in  England,  of  gi^eat 
estates,  and  good  repute  in  other  respects,  haue  no  vote  in 
such  elections,  and  was  told  that  as  his  course  and  cariage 
hath  bine  full  of  pride  &  insolency,  himselfe  a  leader  to  dis- 
turbe  the  peace  both  of  churches  and  commonwealth,  nay  to 
ouerthrowe  all  foundations  laid  here  for  gouerment,  w^h  by 
oath  he  stands  bound  to  maintayne  and  vphold,  so  he  hath  dis- 
couered  a  false,  rotten  spiritt  (as  was  lately  obserued  by  some 
of  Connecticote  in  their  converse  w^h  him,  and  he  told  of  it 
in  open  court.)  Somtimes  hee  seemes  to  stand  and  pleade  for 
the  Parliamt  &  Comonwealth  of  England,  as  if  faithfull  to 
that  cause,  and  at  other  times  shewes  himselfe  a  Royalist. 
The  last  yeare,  when  a  marriner,  one  Thomas  Adams,  (as  hee 
called  himselfe,)  though  in  apparell  and  cariage  hee  acted  a 
part  as  if  hee  had  bine  the  king  of  Scotts,  or  some  greate 
prince,  (though  not  willing  to  be  knowne,)  and  by  some  was 
called  King  Tom,)  and  vnder  such  a  fancy  or  conceipt  came  to 
Stamford,  Robert  Basset  intertained  him  at  his  house,  became 
his  cheife  associate  while  he  was  there,  gaue  him  gunns  at 
parting,  and  being  examined  concerning  him,  affirmed  he  had 
ground  to  satisfy  himselfe  that  he  is  the  King,  &c.,  but  was  not 
willing  (as  he  said)  to  speake  anything  to  his  prejudice. 

But  beside  all  these  things,  there  are  sundrie  passages  in  y^ 
wrightings  not  yet  come  to  hand,  w*=h  so  farr  as  the  court  haue 


1653]  JURISDICTION   OF   NEW   HAVEN.  61 

information  allready  they  see  to  be  verey  offensive  and  deserve 
consideration,  and  therefore  seeing  they  haue  bine  conveyed 
out  of  liis  house  to  Richard  Webbs,  as  his  wife  liatli  confessed 
to  the  court,  and  that  after  slie  heard  the  constable  was  to 
search  for  them,  the  court  cannot  issue  his  matters  at  this  time, 
and  the  marshall  was  ordered  to  put  him  in  prison,  and  irons 
vpon  him  for  his  better  securitie ;  but  vpon  his  desire,  consid- 
ering the  coldness  of  the  season,  and  the  prison  house  where 
is  no  fire,  that  they  might  avoyde  crueltie,  the  court  left  it  to 
ye  gouerno'',  magistrats  and  deputies  of  y^  generall  court  at 
Newhaven,  to  order  his  imprisonm*,  whether  in  y^  prison  or  in 
ye  marshalls  house,  as  they  should  see  cause  in  refferrence  to 
his  health. 

John  Chapman,  Jeremiah  Jagger  and  William  Newman, 
inhabitants  of  Stamford,  were  called  and  appeared ;  first  they 
were  asked  if  they  had  taken  the  oath  of  fidellitie  to  this  juris- 
diction, they  all  answered  yea;  then  Jeremiah  Jagger  and 
[42]  William  |1  Newman  were  w^hdrawne,  and  John  Chap- 
man pceeded  w^h  and  charged,  that  contrary  to  his  oath  and 
the  lawes  of  the  jurisdiction,  (w^h  haue  bine  published,)  he 
hath  acted  in  a  way  of  disturbance,  vndermining  the  founda- 
tions of  gouerm*  laid  in  y^  jurisdictio,  in  that  he  hath  bine  an 
instrum*  and  the  mouth  of  diuers  discontented  spirits  in  Stam- 
ford to  plead  for  alterations  in  votes,  w'^h  being  granted  would 
ouerthrowe  the  frame  of  gouerm*  fundamentally  w^h  his  oath 
binds  him  to  vphold  &  preserue,  w^h  in  him  is  worss  then  in 
another,  because  hee  is  a  freeman  and  sometime  hath  bine  a 
deputie  in  y^  generall  court,  beside  he  hath  bine  instrumentall 
and  active  in  carying  a  wrighting  from  Stamford  to  raise  an 
army  w^hout  approbation,  or  so  much  as  the  knowledg,  of  the 
authority  of  the  jurisdiction,  and  that  after  (as  himselfe  con- 
fesses) the  authority  setled  for  the  jurisdiction  at  Stamford 
had  publiquely  witnessed  against  it,  yet  he  goes  w^h  Robert 
Basset  to  Norwalke,  there  seekes  to  stirr  them  vp  to  y^  same 
way  and,  as  himselfe  saith,  prevayled,  and  so  was  to  pceed  to 
Fairfeild,  and  in  all  the  townes  till  they  came  at  Newhaven, 
had  they  not  by  the  pvidence  of  God  bine  mett  betwixt  Nor- 
walke and  Fairefeild  by  M^  Goodyeare  and  M^  Newman,  two 


62  RECOEDS  OP  THE  [1653 

magistrats  of  this  jurisdiction  then  goeing  to  Stamford  to 
seeke  a  setlement  of  things  there,  and  by  them  was  caused  to 
returne.  Hee  was  told  this  a  seditious  cariage  and  a  way  of 
insurrection,  directly  contrary  to  the  express  words  of  a 
knowne  law,  and  this  he  did  to  disturbe  the  peace,  not  onely 
in  this  jurisdiction,  but  of  Connecticot  jurisdiction  also,  so  that 
had  it  not  bine  stopped,  who  knowes  how  farr  and  to  what 
mischeife  it  might  haue  pceeded ;  and  though  they  pretended 
it  was  against  the  Duch,  yet  it  was  rebellion  in  them  to  act  in 
such  a  way  w^hout  and  against  authority,  and  it  is  evident 
that  the  letter  Robert  Basset  receiued,  who  was  a  principall 
instrument  in  this  buisnes,  and  according  to  w^li  hee  acted  in 
other  things,  was  to  ouerthrowe  churches  and  civill  gouer. 
ment,  specially  in  this  colony.  John  Chapman  was  wished  to 
speake  for  himselfe  if  lie  had  any  thing  to  object ;  he  said  he 
did  intend  no  hurt  against  the  jurisdiction,  but  he  hath  noth- 
ing to  say  to  justify  himselfe,  but  condemnes  himselfe  exceed- 
ingly in  the  thing,  for  he  hath  done  very  foollishly  and  hopes 
it  shall  be  a  warning  to  him  for  time  to  come,  for  though  it  is 
true  he  was  imployed  by  the  towne  in  that  service,  yet  he  now 
sees  hee  should  not  haue  accepted  such  imployment,  but  wit- 
nessed agst  it,  being  contrary  to  his  oath  and  y^  lawes  of  the 
jurisdiction. 

Jeremiah  Jagger  was  againe  called  before  the  court,  and 
told  his  way  hath  bine  a  way  of  disturbance  in  Stamford  w'^h 
hath  had  influence  into  the  whole  jurisdiction,  yea  he  hath 
acted  so  as  to  ouerthrow  the  very  foundations  of  gouerm^  here 
laid,  pleading  for  liberties  in  votes,  that  all  may  chuse  officers 
for  publique  trust,  and  chuse  whom  they  please ;  and  because 
it  is  not  granted,  he  growes  surly  and  discontented,  w'^h  (as  at 
other  times  according  to  information  giuen  by  ye  deputies  of 
Stamford,)  hee  did  manifest  when  M^.  Goodyeare  and  M^. 
Newman  were  lately  at  Stamford,  saying  publiquely  in  the 
towne  meeting,  in  discontent  and  w^h  a  surly  spirit,  that  the 
court  sent  to  the  towne  for  deputies,  but  they  were  the  churches 
deputies,  and  who  must  chuse  tliem,  the  free-men ;  then  saith 
hee,  wee  are  bond-men,  and  so  will  our  chilldren  bee,  therefore 
it  is  time  for  vs  to  looke  to  it;  and  to  M^  Goodyeare,  (w^h 


1653]  JURISDICTION   OP  NEW   HAVEN.  63 

[43]  John  II  Benham  also  heard  and  now  testifyes)  he  spake 
contemptuosly  of  the  comission''s,  saying  they  satt  long,  but 
what  did  they,  he  could  haue  three  or  foure  plow-men  should 
doe  as  much  in  three  or  foure  dayes ;  and  when  the  magistrats 
were  informed  by  some  that  the  generality  of  Stamford  did 
desire  they  might  haue  libertie  in  vots,  but  they  wouid  be 
confined  to  chuse  w^hin  the  church,  but  if  that  would  not  bee 
granted  they  should  rest  satisfied  in  y*  course  setled,  Jeremiah 
Jagger  replyed  it  was  not  so,  but  they  stood  for  their  full  lib- 
ertie, and  spake  against  those  that  so  informed ;  beside  all  this, 
at  another  meeting  when  rates  haue  bine  demanded  for  ye 
jurisdictio,  he  hath  showed  himselfe  discontented  and  said,  let 
them  take  it,  but  it  shall  be  a  packing  penny ;  and  when  Rob- 
ert Basset  saide  in  a  towne-meeting,  what  doe  here,  wee  are 
not  so  much  as  neighbors,  but  bond-men,  &  slaues,  W^h  being 
witnessed  against  by  some,  Jagger  joynes  w^h  him  and  saith, 
what  are  wee  else.  To  these  things  both  the  deputies  testify, 
and  Francis  Bell  saith  he  said  at  another  time,  they  were  no 
better  then  Indians,  for  what  libertie  had  they  more  then  they ; 
and  at  another  ti^ie  told  Francis  Bell  (when  hee  was  consta- 
ble) that  hee  was  a  silly  fellow  to  bee  set  in  authority ;  and 
when  the  deputies  haue  bine  sent  for  to  the  court,  he  hath 
spoken  contemptuosly  of  them,  saying  let  them  goe,  and  eate 
and  drinke,  and  say  as  they  say,  w°h  last  passage  Francis  Bell 
saith  was  true,  but  he  acknowledged  his  fault  privately  to 
hime,  but  now  the  court  heard  of  it  by  other  meanes  and 
declared  that  publique  satisfaction  should  haue  bine  giuen 
for  it. 

These  things  being  declared,  w^h  the  seuerall  proofes  of 
them,  Jeremiah  Jagger  was  told  that  this  is  his  charge,  that 
contrary  to  his  oath  and  the  knowne  lawes  publishd  in  y^ 
jurisdiction,  he  hath  gon  on  from  time  to  time  disturbing  the 
peace  of  this  jurisdiction,  and  vndermining  the  gouerm*  here 
established,  pleading  for  such  wayes  of  voteing  as  will  ouer- 
throw  the  foundations  laid,  and  if  he  may  not  haue  it,  then 
they  are  bond-men  and  so  will  their  chilldren  bee,  and  they 
miist  looke  to  it  in  time ;  likewise  when  just  rates  haue  bine 
demanded  for  the  jurisdictio,   he  is  discontend,   saying  let 


64  EECORDS  OF  THE  [1653 

them  haue  it,  it  shall  be  a  packing  penny ;  and  when  Basset 
saith  they  are  bond-men  &  slaiies,  hee  sides  w4i  him  and  saith 
what  are  wee  else,  nay  they  were  no  better  then  Indians,  and 
had  no  more  libbertie ;  hee  hath  spoken  against  the  deputies, 
and  against  y^  constable,  reproaching  him  as  a  silly  fellow, 
beside  the  contemptuouse  words  spoken  against  the  comis- 
sioni's,  a  cariage  not  'to  be  suffered  in  any  member  of  this 
jurisdiction.  This  charge  being  read,  hee  was  asked  if  hee 
intended  to  remoue  out  of  Stamford,  he  said  no;  he  was  asked 
what  he  ment  by  saying  it  should  be  a  packing  penny,  he  said 
he  could  not  tell ;  he  was  told  then  the  court  knowes  what 
construction  to  make  of  it,  but  he  was  wished  to  speake  if  he 
had  ought  to  object  against  what  hath  l)ine  charged ;  at  first 
he  made  sundrie  evasions,  but  afterward  did  fully  confess  the 
charge  was  true,  and  that  his  speech  concerning  the  comis- 
sion^'s  was  an  vnreverent  sinnfuU  speech,  and  that  he  had 
caried  it  ill  in  all  the  other  respects,  and  is  sorey  for  it,  and 
sees  now  more  in  these  things  then  euer  hee  did  before,  and 
were  they  to  doe  againe  hee  should  not  doe  them,  and  hopes 
it  will  be  a  warning  to  him  hereafter.  ^ 

William  Newman  was  called,  and  told  that  he  is  accused  by 
Robert  Basset  (amonge  others)  for  being  one  of  the  disturbers 
of  y^  peace  of  Stamford,  in  pleading  for  such  libertie  in  votes 
[44]  as  would  1|  ouerthrow  the  foundations  of  gouerment 
here  laid,  w<^h  by  his  oath  hee  should  haue  vpheld  and  main- 
tayned ;  he  denyed  not  that  hee  had  pleaded  for  such  libertie 
in  voteing,  but  he  had  bine  hut  as  others  of  the  towne  haue 
bine,  but  was  told  he  hath  bine  more  forward  then  others,  and 
likewise  his  father  should  haue  bine  sent  for,  whose  hand  is  to 
a  letter  w'^h  is  very  offensiue  to  the  court,  but  in  respect  of 
his  age  they  forbore  his  father  and  sent  for  him ;  he  confessed 
his  fault,  and  said  he  is  sorey  hee  hath  giuen  the  court  this 
occasion  to  send  for  him,  and  hopes  it  shall  be  a  warning  to 
him,  and  said  his  father  wished  him  to  informe  the  court  that 
hee  is  sorey  for  what  hee  hath  dpne,  and  hopes  hee  shall  act 
no  more  so. 

The  court  hauiug  pceeded  thus  farr  w^h  these  seuerall 
offenders,  all  pties  being  present,  they  pceeded  to  sentence, 


1653]  JURISDICTION   OF  NEW   HAVEN.  65 

and  John  Chapman  and  Jeremiah  Jagger  were  told  their  mis- 
cariages  are  of  a  high  nature,  and  such  as  by  law  (w<^h  was 
read  to  them)  they  may  see  brings  them  in  question  for  their 
life,  but  because  they  will  seeke  to  wine  them  by  lennity,  they 
shall  this  time  deale  fauourably  w^h  them. 

And  concerning  Jeremiah  Jagger,  the  court  orders  that  he 
paye  as  a  fine  to  the  jurisdiction  twenty  pounds,  and  that  hee 
binde  himselfe  in  one  hundered  pound  bond,  to  attend  his 
oath  of  fidellitie  hereafter  and  maintayn  the  foundations  laid 
for  gouerm*  here  and  the  lawes  of  ye  jurisdiction,  to  the 
vtmost  of  his  abillitie,  avoyding  all  wayes  of  disturbance  in 
this  kinde  w<^h  hee  hath  formerly  gone  on  m. 

For  John  Chapman,  tlie  court  ordered  that  he  paye  as  a  fine 
to  the  jurisdiction  ten  pound,  and  that  hee  enter  bond  to  y^ 
vallew  of  fifty  pound,  to  attend  his  oath  of  fidellitie  hereafter 
and  maintayne  the  foundations  laid  for  gouerment  here  and 
the  lawes  of  the  jurisdiction,  to  the  vtmost  of  his  abillitie, 
avoyding  all  wayes  of  disturbance  in  this  kinde  wh  he  hath 
formerly  gone  on  in. 

For  William  Newman,  there  is  not  so  much  charged  against 
him,  therefore  the  court  passeth  it  wUiout  a  fine  at  this  time, 
but  he  is  to  enter  bond  to  the  valew  of  twenty  pound,  to  attend 
his  oath  of  fidellitie  hereafter  and  maintayn  the  foundations 
laide  for  gouerment  here  and  the  lawes  of  the  jurisdiction,  to 
the  vtmost  of  his  abillitie,  avoyding  all  wayes  of  disturbance 
in  this  kinde  w^h  he  hath  formerly  gon  on  in. 

Into  w^h  ingagment  they  all  entered  into  one  wrighting  for 
their  severall  soines,  before  the  court,  w^h  is  as  followeth, 

Whereas  Jeremiah  Jagger,  John  Chapman  and  William 
Newman,  inhabitants  of  Stamford,  haue  bine  questioned  in 
court  and  sundrie  miscariages  proved  against  them,  as  the 
records  of  those  pceedings  will  show,  now  these  are  to  declare 
&  certify,  that  wee,  Jeremiah  Jagger,  John  Chapman  and  Wil- 
liam Newman,  doe  severally  binde  ourselues  in  the  somes  fol- 
lowing ;  that  is,  Jeremiah  Jagger  in  ye  some  of  one  hundered 
pound  sterling,  John  Chapman  in  fifty  pound  sterling,  and 
William  Newman  in  twenty  pound  sterling,  that  wee  will 
hereafter  attend  our  oath  of  fidellitie  and  maintayne  the  foun- 
dations laid  for  gouerment  here  and  the  lawes  of  the  jurisdic- 
tion, to  the  vtmost  of  our  abillitie,  avoyding  all  wayes  of  dis- 


6Q  RECORDS   OF  THE  [1653 

turbance  in  that  kinde  w^h  wee  have  form''ly  gon  on  in.  In 
witnes  whereof  wee  haue  herevnto  set  our  hands  before  the 
generall  court  for  y^  jurisdiction,  at  Newhaven  this  24tii 
March,  16ff . 

^  Francis  Newman,  Secret. 

Wherevnto  they  all  subscribed. 

[45]  II  The  Gouernor  read  to  the  court  sundrie  propositions 
made  by  Docter  Chayes,  a  French  physitian,  to  w«h  the  court 
returnd  answer  that  they  will  allow  no  sallary,  for  the  other 
they  object  not,  but  if  hee  please  to  goe  on  in  his  practise  they 
shall  be  willing  to  imploy  him  as  they  see  cause. 

Mr.  Goodyear  read  to  the  court  a  letter  from  M"".  Youngs, 
of  Southhold,  wherein  he  informes  that  himselfe  and  y^  towne 
desire  the  gouerno''  to  vse  some  meanes  for  his  sonns  release, 
and  that  two  magistrats  may  be  sent  to  Southhold.  The 
gouerno""  told  y''  court  that  vpon  this  letter  the  magistrats 
here  at  Newhaven  mett,  sent  for  M^  Herbert  and  M^  Moore, 
then  in  towne,  and  told  them  that  if  they  would  be  bound  in 
one  hundered  pounds,  that  John  Youngs  should  appeare  here 
at  Newhaven  at  the  court  of  magistrats  in  the  latter  end  of 
May  next,  to  answer  what  should  bee  laid  agst  him,  the 
gouernor  would  vse  the  best  means  hee  could  by  wrighting  to 
pcure  the  release  of  him  &  his  wampom,  but  they  refused  till 
they  had  spoken  wUi  his  father,  whereof  the  gouerno'"  by  a 
letter,  dated  the  IS*^!'  of  March,  1653,  now  read,  did  informe 
M"".  Youngs,  pasto"^  of  y^  church  at  Southhold.  The  court 
vpon  such  ingagment  for  his  appearance,  approved  ye  meanes 
propounded  or  offered  for  his  inlargment,  and  that  being  done, 
left  it  to  the  gouerno""  to  wright  as  he  sees  cause. 

And  for  sending  two  magistrats  to  Southhold,  if  notwUi. 
standing  what  the  court  hath  sent  to  them  they  still  continew 
their  desire,  and  according  to  their  owne  proffer  send  for  them 
at  their  owne  charge,  the  court  now  desires  and  appoints  M^ 
Leete  &  M'  Newman  to  goe. 

The  deputies  of  Millford  were  desired  to  speake  to  M^ 
Prudden  from  y^  court,  to  desir^  him  to  preach  here  at  New- 
haven vpon  ye  election  day  next. 

A  case  ppounded  by  Leiutennant  Seely,  concerning  one  of 
ye  mares   w^h  Baxster  tooke  from  the  Duch,  w<=h  he  hath 


1653]  JUEISDICTION   OP   NEW   HAVEN.  67 

bought  of  one  of  Southhold,  whether  he  may  not  haue  libertie 
to  sell  it  againe  to  y«  Diich;  the  coiirt  declared  that  they 
approve  not  of  his  buying  any  of  those  horses,  neuer  yet  in 
any  legall  way  proued  to  be  lawfull  prize,  and  as  they  haue 
hetherto  had  no  hand  in  medling  w^h  them,  so  they  resolue 
to  keepe  tliemselues  free. 

The  Court  advised  the  deputies  of  Stamford  if  they  see  that, 
notwthstanding  the  courts  pceeding  wUi  these  men,  some 
others  in  their  towiie  goe  on  to  giue  oifence  in  y^  same  kinde, 
they  are  to  binde  them  to  answer  it  at  the  next  court  of  magis- 
trats,  in  y^  latter  end  of  May,  and  pticularly  Tuckee,  Theale, 
Webb  and  Finch,  who  hath  caried  it  ill  as  the  court  is  in- 
formed. 

It  is  ordered  that  no  pson  in  this  jurisdiction  shall  imploye 
any  Indian  or  Indians  to  looke  after  any  horses,  hoggs,  or  other 
cattell,  in  y^  woods,  vnless  some  Englishman  be  appointed  or 
approved  by  the  authoritie  of  y^  place  to  goe  along  w^h  them, 
vnder  y^  penalty  of  hue  pound  for  euery  time  they  shall 
breake  this  order.  And  if  any  Indian  be  found  or  proued 
driuing  any  horses,  hoggs,  or  other  cattell,  w'hout  y  like 
order,  it  shall  be  looked  vpon  in  them  as  theft,  &  they  pceeded 
wUi  accordingly. 

For  Thomas  Baxster,  the  court  ordered  nothing  concerning 
him  now,  but  waite  to  see  what  Connecticote  will  doe  w'h  him, 
onely  now  Francis  Bell  testifyes  that  hee  Thomas  Baxster  say, 
that  hee  hoped  to  see  some  of  the  comission''s  hanged,  or  their 
heads  of  before  longe,  but  being  then  questioned  aboute  it  he 
said,  he  ment  them  Wh  were  against  the  warr  w^h  the  Duch. 


68  RECORDS  OF   THE  [1654 

[46]     At  a  Generall  Court  held  at  Newhauen  for  the 

Jurisdiction,  the  26*^  of  Aprill,  1654, 

Present. 

Magistrals. 

Theophilus  Eaton,  Esq"",  Gouerno^ 

M^  Stephen  Goodyear,  Dept.  Gou'. 

Francis  Newman,        n 

M^  William  Fowler,  (  Magistrals. 

M"".  William  Leete,     ) 

Deputies. 

My.  William  Gibbard,  )  ,t     i 

_         ^ .    ^  '  >  Newhaven. 

Henry  Lmdon,  ) 

Benjamin  Fenn,)j^.jjf^^^^ 

Robert  Treatte,  ) 

Leivtennant  Chittenden,     r^    -^e    j 

nir         T-         n  Guilford. 

M^  Jordan, 

Richard  Law,  Stamford. 

Mr.  Crane, 

Leivtennant  Swaine,  Brandford. 
Vpon  information  from  Millford  that  Capt.  John  Manning, 
(concerning  whose  course  of  tradeing  w^h  the  Duch  at  the 
Munnadoes  this  last  winter,  and  so  furnishing  the  enimies  of 
the  comonwealth  of  England  w^h  provissions,  sundrie  reports 
and  complaints  liaue  bine  made  in  these  parts,)  was  to  come 
theither  w^h  his  vessell,  the  gouerno"^  advised  that  Capt.  Man- 
ning should  be  there  questioned  concerning  the  saide  offensive 
trade,  and  vpon  acknowledgment  or  proofe  thereof,  that  he 
giue  bond,  w^hin  a  convenient  lymitted  season,  to  answer  his 
miscariage  in  England,  and  that  vpon  his  refusall,  the  vessell 
be  staide  till  further  order ;  and  accordingly  he  was  examined 
at  Millford,  Aprill  19'^^  1654,  but  did  peremtorily  deny  that 
he  had  driven  any  trade  at  all  w'h  the  Duch ;  and  being  asked 
how  oft  he  had  bine  at  the  Mujmadoes  and  at  Yergenia  since 
he  was  at  Millford  in  Nouember  last,  he  affirmed  he  had  bine 
at  the  Munnadoes  but  twice,  and  had  bine  but  once  at  Yerge- 
nia, and  that  he  brought  nothing  thence  to  y^  Munnadoes  but 


1654]  JURISDICTION   OF   NEW   HAVEN.  69 

stones  or  ballast.  This  not  satisfjdng  at  Milford,  he  came,  or 
was  brought,  before  the  gouernor  at  Newhaven,  where,  vpon 
examination,  he  maintayned  the  two  former  vntriithes.  The 
gouernor  told  him  proofe  in  both  cases  would  be  made  to  the 
contrary ;  he  answered  he  knew  not  that  he  had  bine  at  Ver- 
genia  any  more  then  once ;  it  was  replyed  that  such  voyages 
are  not  so  easily  made,  nor  can  be  so  soone  forgotten,  his 
vntruthes  were  willfuU  and  his  cariage  offensive. 

After  w^h  M^  Ludlow  came,  and  informed  ye  gouernor  ho\Y' 
inconvenient,  and  what  a  damage  it  would  prove  to  him,  if  the 
vessell  were  staide  W^h  he  had  hired  to  transport  him  &  his 
family  to  Vergenia,  and  desired  the  gouernor  would  giue  it 
him  vnder  his  hand  vpon  what  ground  he  made  staye  of  the 
vessell,  w*=h  being  presently  done,  M^.  Ludlow  laide  claime  to 
ye  vessell  as  his,  but  being  minded  of  what  he  had  said,  both 
at  Fairefeild  and  here,  concerning  his  hiring  her  of  Capt.  Man- 
ning, and  that  men  need  not  hire  what  is  their  owne,  it  was  at 
length  agreed,  and  M^  Ludlow  consented,  to  ingage  for  Capt'. 
Manning,  and  to  leaue  one  hundered  pound  of  his  estate  in 
Ensigne  Bryans  hand  for  securitie,  that  Capt.  Manning,  be- 
twixt this  and  the  20'^  of  October  next,  present  himselfe  and 
this  case  in  the  truth  of  it  to  the  authority  in  England,  and 
submitt  to  and  abide  their  censure  therein,  and  vpon  notice 
from  thence  that  they  are  satisfyed,  the  securitie  should  bee 
[47]  II  released,  and  in  the  meane  time  Capt.  Manning  and 
his  vessell  might  attend  M^  Ludlow  his  occasions  in  all  wayes 
alowed  by  the  State  of  England,  &c. ;  and  of  this  also  M"". 
Ludlow  desired  and  had  a  copie.  But  before  M"".  Ludlow  and 
Capt.  Manning  went  hence,  information  came  from  Millford 
that  the  vessell  (expressly  contrary  to  order  giuen)  was  by 
Capt.  Mannings  men,  w^h  a  high  hand  and  threatening  speech- 
es, caryed  away,  and  was  pursued  by  a  shallopp  well  manned 
and  armed,  sent  from  Millford.  M'".  Ludlow  and  Capt.  Man- 
ning were  againe  sent  for,  and  acquainted  w'h  this  affront. 
M^  Ludlow  was  asked  whether  hee  would  notwUistanding 
continewe  the  forementioned  securitie ;  at  first  he  demurred 
and  objected ;  being  told  that  if  he  refused,  Capt.  Mailing 
must  be  staide  here  to  answer  his  said  trade,  he  consented  and 


70  RECORDS   OF   THE  [1654 

pmised  to  make  good  his  saide  ingagement  at  Millford,  and 
Capt.  Manning  wondered  and  seemed  troubled  that  his  men 
should  cary  the  vessell  out  of  Millford  harbour,  and  profest 
he  knew  nothing  of  it,  though  it  were  after  proued  vpon  oath 
that  he  gaue  his  men  order  to  goe  out  of  y^  harbour  into  the 
roade.  But  when  M"".  Ludlow  came  wUi  Capt.  Manning  to 
Milford,  he  refused  to  put  in  the  said  securitie,  because  the 
vessell  was  gone,  wherevpon  Capt.  Manning  was  sent  backe  to 
Newhaven  and  a  generall  court  summoned  to  meete  there  the 
26^'^  of  Aprill.  In  ye  meane  time  Capt.  Mailings  men,  in  their 
way  toward  the  Duch,  perceiveing  they  could  not  escape  in  his 
vessell  from  the  shallopp,  Wh  being  manned  w^h  thirteene 
men  made  great  speede,  &  would  be  much  too  strong  for  them, 
(though  wee  heare  they  had  ten  gunns,)  they  left  the  vessell 
adrift,  and  in  ye  skiff  fled  away,  takeing  w^h  them,  as  is  con- 
ceived, onely  Capt.  Mannings  trunke,  w'h  his  bookes,  wright- 
ings,  &c.  When  she  was  wt^h  much  charge  and  hazard 
recouered  and  brought  backe  to  Millford,  then  M^  Ludlow 
againe  tendered  the  former  securitie,  but  he  haueing  refused  it 
before,  the  case  thus  altered  was  brought  to  a  tryall  here. 
Captaine  Manning  being  called  before  the  court  was  told,  that 
by  vertue  of  an  order  received  from  the  councill  of  State  for 
ye  common  wealth  of  England,  dated  July  29ti»,  1652,  he  hath 
bine  formerly  examined  concerning  his  late  course  of  tradeing 
w^h  and  supplying  the  Duch  with  provissions,  who  haue  de- 
clared themselues  enemies  to  that  comonwealth,  but  heitherto 
he  hath  drawne  guilt  vpon  himselfe  by  continewed,  willfull 
vntruthes,  or  lyes;  this  court  doth  therefore  againe  require 
an  account  how  oft  he  hath  bine  at  the  Manhatoes  this  winter, 
and  how  often  at  Vergenia,  and  what  he  hath  brought  either 
from  Boston  or  from  Vergenia  &  traded  w^h  the  Duch. 
Wherevpon  he  now  acknowledged  that  he  had  bine  three 
times  at  the  Munnadoes,  and  twice  at  Vergenia  this  last  win- 
ter ;  the  first  time  at  the  Munnadoes  was  aboute  Nouember 
last,  and  then  he  caried  aboute  tenn  tunn  of  goodes  for  one 
M^  Foster,  viz*,  wine,  salt  and  breadT;  ye  pticulars  he  men- 
tioned, was  aboute  sixty  bushells  of  salt,  forty  hundered  weight 
of  bread,  and  aboute  eleuen  quarter  caske  of  wine,  some  of 


1654]  JURISDICTION    OF   NEW   HAVEN.  71 

wh  goods  were  disposed  of  at  the  Munnadoes,  and  he  siippo- 
seth  the  rest  at  Yergenia.  The  salt,  he  saith,  was  much  of  it 
lost  by  reason  of  foule  weather,  and  two  thousand  pound  of 
bread,  w^h  he  saith  was  not  fitt  for  hoggs,  and  was  cast  ouer- 
board  at  the  Munnadoes.  Beside  this  he  saith  he  had  eight 
tun  more  of  such  goods  aboard,  w^h  some  suger,  vpon  his 
owne  account.  Being  asked  what  he  sould  of  them  at  the 
Munnadoes,  he  said  he  could  not  tell,  because  his  men  had 
caried  away  his  bookes,  but  he  went  not  w^h  an  intent  to  sell 
anything  there,  and  said  he  could  bring  cirtifycate  that  he 
caryed  fourteene  tunn  of  goods  to  Vergenia.  Being  asked 
what  he  tooke  in  at  the  Manhatoes,  he  saide,  not  halfe  a  tunn; 
he  was  asked  how  much  beavor;  he  said  he  saw  no  beavor 
brought  on  board,  but  confesseth  he  sould  two  or  three  hun- 
dred weight  of  suger  there  ;  he  was  asked  what  he  brought  to 
the  Munnadoes  from  Vergenia  in  his  two  voyages  from  thence ; 
he  said,  each  time  thirty  fine  hogsheads  of  tobaco,  but  not  on 
of  them  his  owne,  (w^h  was  not  beleeved ;)  being  asked  whose 
it  was,  he  said  part  belonged  to  on  Duncome  in  Virgenia, 
part  to  one  Whorree,  and  pt  to  a  Duch-man.  He  was  asked 
[48]  II  how  this  agrees  w'h  his  profession  of  loyalty  &  service 
to  the  comonwealth  of  England,  thus  to  succour  their  enemies, 
be  their  factor  or  agent,  transport  tobacoes  for  them  and  others 
to  the  Duch  jurisdiction,  to  defraude  y^  commonwealth  of  Eng- 
land of  their  customs ;  he  said  he  did  not  defraude  them,  the 
gouernour  received  the  customs  in  Yergenia;  he  was  told  it 
was  not  so,  the  gouernor  may  take  what  is  due  in  Yergenia, 
but  not  the  custom  due  in  England ;  this  tobaco  must  have 
paide  custom  in  England  if  carryed  thether,  and  would  haue 
bine  seized  if  knowne  to  be  Duch-mens  goods,  w*=h  he  could 
not  denye. 

After  these  examinations  and  confessions,  Capt.  Manning 
desired  to  speake  privately  w^h  the  court,  and  did  profess  he 
did  all  this  as  a  service  to  the  comonwealth  of  England ;  being 
asked  how,  he  said  to  make  discovery  at  and  of  the  Munna- 
does, that  he  might  take  advantage  to  surprise  it,  and  intima- 
ted that  some  in  Yergenia  knew  the  plott  &  that  it  was  laide 
in  England,  w<=h  was  neither  beleeved  by  the  court,  nor  could 


72  RECORDS  OF  THE  [1654 

he  cleere  or  proYe  it ;  but  being  asked  what  comission  he  had 
so  to  doe,  who  gaue  him  a  dispensation  to  breake  the  lawes  or 
orders  of  England  in  tradeing  w^h  and  releiuing  their  enemies 
vnder  such  a  pretence,  or  whether  he  had  advised  w^h  any 
authority  in  New  England  aboute  it,  he  could  answer  nothing. 

The  Court  considering  Capt.  Mannings  confessions,  and 
findeing  them  farr  short  of  what  hath  bine  constantly  reported 
of  his  trade  of  salt,  a  skepple  (w^h  is  aboute  three  peckes)  for 
a  beavor  skin,  and  biskitt  at  a  high  price,  w^h  other  comodities, 
first  minded  him  of  his  vntruthes,  or  rather  made  lyes,  boldly 
psisted  in;  but  he  requiring  proofe,  M"".  William  Fowler, 
magistrate,  Benjamin  Fenn  and  Robert  Treatt,  deputies  for 
this  generall  court,  and  Jn^  Baldwin,  marshall,  all  of  Milford, 
did  vpon  oath  affirme  before  him  in  court,  that  in  their  hear- 
ing at  Milford  he  did  absolutely  deny  that  he  had  bine  any 
more  then  once  at  Yirgenia  and  twice  at  the  Munnadoes,  since 
he  was  at  Milford  in  Nouember  last,  and  did  further  denye 
that  he  brought  any  cargo  or  ladeing  at  all  from  Virgenia  but 
stones  to  y<^  Munnadoes,  and  that  he  had  not  traded  at  all  w'h 
ye  Duch,  but  had  turned  all  his  cargo  for  England,  and  he 
affirmed  the  same  vpon  his  examination  before  authority  here, 
yet  a  littell  before  he  came  to  Millford  he  tould  Ensigne  Bryan 
at  Mr.  Ludlowes  house  in  Fairfeild,  (as  Ensigne  Bryan  vnder 
his  hand  testifieth,)  that  he  had  bine  twice  at  Vergenia  since 
he  went  by  Millford,  &  the  same  he  now  fully  acknowledgeth 
in  court. 

And  concerning  his  mens  carying  his  vessell  out  of  Milford 
harbour  in  contempt  of  authority,  he  professed  before  y^ 
gouernor  he  knew  nothing  of  it,  as  before,  yet  M"".  Samuell 
Mayo,  vpon  oath  taken  before  M''.  Fowler  at  Millford,  the  20'^^ 
of  Aprill,  1654,  testifyeth,  that  Capt.  Manning  gaue  order  to 
his  company,  that  if  he  did  not  come  that  night  they  should 
cary  out  the  vessell  into  y«  roade  and  staye  till  he  came. 

Thomas  Burrett,  a  seaman  w'h  Capt.  Manning,  vpon  oath 
taken  before  M-".  Fowler  at  Millford,  tlie  lO'h  of  Aprill,  1654, 
testifyeth  that  he  knowes  of  no  trade  betwixt  Capt.  Manning 
and  tlie  Duch,  saue  two  barrells  of  small  beare  and  aboute  the 
vallew  of  thirty  pounds  worth  of  beauour,  for  wampom  that 
he  brought  from  Boston- 


1654]  JURISDICTION   OP   NEW   HAVEN.  73 

Martine  Notus,  a  Diichman,  (another  of  Capt.  Mannings 
men,)  vpon  oath  at  the  same  time  aflfirmed,  that  he  knowes  of 
no  other  trade  of  Captaine  Manning  w^h  the  Duch  sane  that 
litle  packe  of  beavo^  and  two  barrells  of  small  beare. 

Lawrance  PoUett,  one  of  Capt.  Mannings  company,  being 
now  ashoare,  by  reason  that  one  of  the  company  aboard  gaue 
him  a  blow  on  the  head,  because  he  did  not  light  a  match 
presently,  saith  that  they  would  goe  away  w'h  the  vessell  to 
ye  Manhatoes  and  leaue  the  Capt.  behinde,  and  saith  the  com- 
[49]  pauy  answered  the  English,  that  if  they  came  ||  aboard, 
be  it  vpon  their  perrill,  for  they  would  shott ;  also  he  saith 
that  Capt.  Manning  hath  bine  two  times  at  Yergenia  since  he 
came  from  Boston,  and  brought  thirty  six  hogsheads  of  tobaco 
the  one  time,  and  thirty  fine  the  other  time. 

Testifyed  vpon  oath  at  Millford,  the  20tii  of  Aprill,  1654. 
Before  me,  William  Fowler. 

Captaine  Manning  was  asked  if  he  had  anything  more  to  say 
for  himselfe,  before  the  court  proceeded  to  sentence ;  he  said 
he  could  bring  cirtifycate  from  Vergenia  to  cleare  himselfe ; 
being  asked  if  he  could  bring  cirtifycate  to  ouerthrow  his 
owne  confession,  or  prone  that  his  selling  salt,  suger  and  other 
pvissions  to  y^  Duch,  and  transporting  tobaco  for  them  to  y^ 
Munnadoes  is  a  service  to  y^  commonwealth  of  England,  he 
was  silent.  Hee  also  pi'sented  a  cirtifycate  from  Grauesand,  a 
small  plantation  w^hin  ye  Duch  jurisdiction,  vnder  the  hand 
of  S"^  Henry  Mody,  Knight,  and  some  others,  directed  to  all 
admiralls,  vice  admiralls,  eaptaines,  &c.  that  he  had  tendered 
himselfe  and  vessell  to  serue  y^  comonwealth  of  England,  but 
in  what,  is  not  expressed,  nor  did  ye  court  looke  vpon  it  as  at 
all  concerning  them,  but  rather  as  the  contrivment  of  a  guilty 
man  to  secure  himselfe  (if  it  might  be)  from  such  as  by  coiTiis- 
sion  might  either  seize  the  Duch,  or  such  as  in  an  vnderhand 
way  furnish,  releiue  &  support  them.  But  he  hauing  no  more 
to  say,  the  court  proceeded  to  sentence,  and  vjDon  the  order 
before  mentioned,  w^h  due  respect  to  his  owne  carriage,  con- 
fession and  proofe,  it  was  ordered,  that  Capt.  Manning  for  two 
lyes  (at  least)  told  and  so  psisted  in  before  authority,  shall 
paye  as  a  fine,  (according  to  a  law  in  this  jurisdiction,)  twenty 
shillings ;  that  he  beare  all  his  owne  charges,  both  here  and  at 
Millford,  and  his  vessell,  w^h  all  his  goods  in  her,  by  vertue  of 
10 


74  RECOEDS   OF  THE  [1654 

ye  forementioned  order  from  England,  is  by  thig  court  judged 
lawfull  prize ;  and  of  these  pceedings  they  will  (w^h  their  first 
conveniency)  giue  an  humble  account  to  y^  State  of  England, 
and  in  ye  meane  time  ordered,  that  a  copie  be  at  his  charge 
deliuered  to  Capt.  Manning. 

After  sentence,  vpon  Capt.  Mannings  desire,  the  court 
granted  to  him  that  both  all  his  owne  weareing  apparrell  in 
ye  vessell,  and  likewise  the  wearing  apparrell  belonging  to 
Lawrance  Pollett,  one  of  his  men,  who  had  no  hand  in  carrying 
away  the  vessell,  be  freely  deliuered  to  them. 

Lawrance  Pollett,  a  Frenchman,  and  one  of  Capt.  Mannings 
men,  complained  to  y^  court  that  his  master  refuseth  to  paye 
him  six  monethes  wages  at  twenty  shillings  the  moneth,  due 
to  him  for  so  longe  service  in  y^  vessell.  Capt.  denyed  not 
that  so  much  was  due  to  him,  but  would  haue  had  him  paide 
out  of  the  vessell,  but  was  told  there  is  no  reason  for  it,  he 
hath  received  ye  fraight  and  he  must  paye  the  wages,  and 
accordingly  ordered,  that  Capt.  Manning  paye  the  said  Pollett 
six  pounds,  w^h  he  promised  to  doe. 

The  Court  took  into  consideration  what  alowance  might  be 
made  to  ye  men  w^h  went  from  Millford  w»h  some  hazard,  to 
recouer  Capt.  Mannings  vessell  out  of  the  hand  of  bold,  des- 
perate men,  armed,  (in  w^h  service  they  were  aboute  foure 
and  twenty  bowers,)  and  being  willing  to  incourage  them  and 
others  in  such  publique  service,  either  for  the  comon  wealth  of 
England,  or  for  this  jurisdiction,  did  order  that  they  should 
haue  twenty  shillings  apeece  allowed  to  them  out  of  ye  price 
of  ye  vessell,  and  that  what  other  charges  haue  bine  aboute  it 
is  to  be  borne  out  of  ye  same  prize  by  the  jurisdiction ;  and 
also,  that  those  that  haue  attended  this  court  aboute  it,  haue 
their  charges  allowed  them  whilest  they  so  attended. 

It  is  ordered  that  the  vessell  and  tackling  w^h  belongs  to 
her,  w<^h  was  Capt.  Mannings,  and  now  judged  lawfull  prize, 
should  be  sould  at  Millford  on  Tuesday  next,  at  three  a  clocke 
in  ye  afternoone,  by  an  inch  of  a  caijdell,  he  that  offeres  most 
to  haue  her,  and  that  the  price  as  it  shall  fall  shall  be  paide  in 
beefe,  porke,  wheat,  pease,  of  each  a  like  quantity,  all  of  it 
good  and  merchantable,  and  at  currant  price  as  it  goes  at  time 


1654]  JURISDICTION   OP  NEW  HAVEN.  75 

of  payemeiit,  w*^li  is  at  or  before  the  first  of  Nouember  next, 
and  that  standing  securitie  be  given,  to  y^  satisfaction  of  y^ 
authority  at  Milford,  that  the  paye  be  made  according  to  this 
order ;  and  for  sundrie  other  things  in  y^  vessell,  as  appeares 
by  an  inventory  taken,  (w<=h  are  not  alowed  Captaine  Manning 
&  his  man,)  shall  be  sould  by  themselues  at  a  due  price,  and 
ye  same  paye,  or  better,  Robert  Treatt  now  profferring  corne 
for  them  at  the  price  they  are  in  y^  said  inventory  vallewed  at. 
[50]  II  Thomas  Baxster  being  sent  backe  from  Connecticot, 
was  called  before  the  court,  and  first  the  charges  laide  against 
him  here  in  his  passage  towards  Hartford  were  read,  together 
w'h  the  testimonies  giuen  in  vpon  oath  to  proue  them  sever- 
ally, and  he  was  told  that  this  court  doe  not  at  all  medle  w% 
his  cariage  to  the  Duch  Jurisdiction,  whether  at  land  or  sea, 
or  whether  it  concernd  Duchmen  or  English  vnder  that  gouer- 
ment,  nor  w'h  offences  giuen  at  Fairefeild,  or  his  seizing  the 
vessell  belonging  to  M"".  Mayo,  an  Englishman  of  Plymouth 
Colonic,  against  whom  neither  trade,  nor  any  complyance  w*h 
the  Dutch,  contrary  to  the  orders  or  directions,  of  y^  comon- 
wealth  of  England  is  proued,  but  onely  w4i  the  affronts  he 
hath  giuen,  and  the  publique  disturbance  he  hath  made  or 
indeavoured  w^hin  this  colony;  and  leaning  his  injurious 
cariag  towards  M"".  Fowler,  in  intertaining  &  keepeing  his 
servant  against  the  masters  will,  (mentioned  at  the  former 
court  in  March,)  to  further  consideration,  when  M.  Fowler 
sees  cause,  his  publique  miscarriages  in  this  jurisdiction  were 
abridged  &  reduced  to  these  heads. 

At  Stamford  he  declared  himselfe,  that  if  any  man  traded 
but  six  penc  wUi  the  Duch,  he  would  take  from  him  all  that 
euer  he  had.  Testifyed  vpon  oath  by  John  Finch  senio""  and 
Elizabeth  Jagger. 

Hee  there  further  expressed  his  resolution  to  flourish  his 
coulors,  and  beat  vp  the  drumm  for  souldiours,  (and  w^hout 
any  consent  of  authority,)  and  see  who  durst  oppose  him,  he 
knew  there  were  but  three  or  foure  in  Stamford  who  were  his 
enemies,  and  they  were  enemies  and  traytors  to  y^  State  of 
England.     Testifyed  by  Richard  Mills  vpon  oath. 

Hee  there  further  professed  he  had  or  would  doe  something 


76  RECORDS  OF  THE  [1654 

to  sett  New  England  together  by  the  eares.  Testifyed  vpon 
oath  by  George  Slawson  and  John  Finch.  W<=h  designe  of 
his  (could  he  haue  reached  it)  would  haue  bine  accounted  a 
merritorious  service  to  the  Dutch,  much  ouerballancing  all  the 
hurt  he  could  doe  them  by  petty  plunderings  at  sea  or  land. 

The  first  of  March  last,  Thomas  Baxster  coming  in  a  can- 
now  of  M'".  Fowlers  into  Millford  harbour  to  seize  what  he 
could  belonging  to  Captaine  Creeger,  a  Duch  man,  one  of  Mill- 
ford  told  him  it  was  their  magistrats  cannowe,  he  must  leaue 
it  there,  and  laid  hands  one  the  head  of  the  cannowe  to  staye 
it,  but  Thomas  Baxster  not  onely  refused,  but  strooke  the  man 
w^h  a  halfe  pike  betwixt  the  head  and  shoulders,  and  one  of 
Baxsters  company  strooke  at  his  hand  w^h  a  courtlace,  another 
cockt  his  gunn  and  pi'sented  it  against  him,  and  others  stood 
w'h  their  peeces  ready  cockt  and  presented.  Ensigne  Bryan 
bad  Baxster  take  heede  he  did  not  shoote,  but  one  of  his  men 
boldly  reply ed  he  would  shoote.  Abundantly  testifyed  by 
Ensigne  Bryan  and  diners  others  of  Milford.  W^h  might 
haue  cost  blood,  euen  the  lives  of  Thomas  Baxster  and  many 
others,  had  Milford  men  bine  armed,  but  was  a  great  affront 
and  contempt  of  authority  there,  and  directly,  contrary  to  the 
express  words  of  his  commission. 

The  charge  being  thus  laide  and  proved,  Thomas  Baxster 
was  asked  if  he  had  any  thing  to  say,  either  to  weaken  the 
evidence  or  to  justifye  himselfe  in  these  courses ;  he  pretended 
he  did  not  remember  some  of  the  pticulars,  acknowledged  he 
could  not  object  against  the  witnesses,  and  feared  that  in 
passion  and  distemper  he  might  speake  such  things  as  are 
charged;  he  therefore  left  himselfe  w'^h  the  court,  desiring 
them  to  be  fauourable  to  him ;  and  accordingly  after  due  con- 
sideration, the  court  passed  this  sentence,  That  Thomas  Bax- 
ster paye  all  charges  expended  through  his  default,  whether 
here  or  at  Millford,  since  he  was  first  apprehended,  and  that 
[61]  for  the  ||  forementioned  miscariages  and  disturbances, 
he  paye  twenty  pounds  as  a  fine  to  the  jurisdiction,  and  giue 
his  owne  bond  of  one  hundered  potinds,  (himselfe  professing, 
and  the  court  apprehending  he  can  giue  no  securitie,)  that  he 


1654]  JUEISDICTION   OP  NEW   HAVEN.  77 

doe  not  in  any  kinde  hereafter  disturbe  the  peace  of  this  juris- 
diction, or  of  any  plantations  or  psons  therein. 

And  though  it  be  propounded  to  this  jurisdiction  that 
Thomas  Baxster  and  his  commission  be  sent  to  Roade  Island, 
yet  if  Connecticote  consent,  this  court  conceiue  Roade  Island, 
haueing  called  in  his  commission,  will  be  satisfyed  if  Thomas 
Baxster  doe  here  resigne  his  comission,  acknowledging  his 
miscariages  on  the  backe  side  of  it  vnder  his  hand.  This  the 
court  propounded  to  Thomas  Baxster,  offering  to  wright  to 
Connecticot  accordingly,  yet  gaue  him  his  free  choyce,  either 
to  goe  to  Roade  Island  or  to  resigne  as  before.  Thomas  Bax- 
ster, after  some  time  granted  him  for  consideration,  chose  the 
latter,  and  accordingly,  wUi  such  an  acknowledgment,  gaue 
vp  his  comission.  And  vpon  his  ingagement  by  promise  to 
returne  heither  agame  the  8*^  of  May  next,  or  sooner  if 
called  for,  and  duely  to  attend  what  further  order  and 
directions  either  authority  here,  or  Connecticot  should  giue, 
he  had  libertie  to  goe  to  Fairfeild  to  order  his  family  occa- 
sions. 

M"^.  Goodyear  was  desired  to  informe  those  of  Newhaven 
w<=h  have  part  of  Paugaset  w^h  him,  that  the  court  expects 
an  answer  from  them,  at  the  generall  court  in  May  next, 
whether  they  will  put  the  said  place  vnder  this  jurisdiction 


At  a  Court  of  Magistrats  held  at  Newhauen   for  the 

Jurisdiction,  the  29th  qf  May,  1654. 

Present. 

Theophilus  Eaton,  Esq"",  Gouerno'". 

M^  Stephen  Goodyeare,  Dept'  Gouerno''. 

Francis  Newman,       -v 

M"".  William  Fowler,  (  Magistrats. 

Mj.  William  Leete,    ) 
Thomas  StapHes  of  Fairfeild,  plant\  )  John  Bankes, 

jyr.  Rogger  Liidloiv  late  of  Fairfeld,  defendt.  \  atturny  for 
Thomas  Staplies,  declared,  that  M"".  Ludlow  had  defamed 
Thomas  Staplies  wife,  in  reporting  to  M'.  Dauenport  and 


78  RECORDS  OP  THE  [1654 

M^'s.  Daiienport  that  she  had  laid  herselfe  vnder  a  new  suspi- 
tion  of  being  a  witch,  that  she  had  caused  Knapps  wife  to  be 
new  searched  after  she  was  hanged,  and  when  she  saw  the 
teates,  said  if  they  were  the  markes  of  a  witch,  then  she  was 
one,  or  she  had  such  markes;  secondly,  M^  Ludlow  said 
Knapps  wife  told  him  that  goodwife  Staplies  was  a  witch; 
thirdly,  that  M"".  Ludlow  hath  slandered  goodwife  Staplies  in 
saying  that  she  made  a  trade  of  lying,  or  went  on  in  a  tract  of 
lying,  &c. 

Ensigne  Bryan,  atturny  for  M^  Ludlow,  desired  the  charge 
might  bee  proued,  W'h  accordingly  the  plant'  did,  and  first  an 
attestation  vnder  Master  Dauenports  hand,  conteyning  the 
testimony  of  Master  and  Mistris  Dauenport,  was  presented 
and  read ;  but  the  defendant  desired  what  was  testified  and 
accepted  for  proofe  might  be  vpon  oath,  vpon  w^h  M^  Dauen- 
port gaue  in  as  folio weth,  That  he  hoped  the  former  attesta- 
tion hee  wrott  and  sent  to  the  court,  being  compared  w^i  M^. 
[52]  Ludlowes  letter,  ||  and  M"".  Dauenports  answer,  would 
haue  satisfyed  concerning  the  truth  of  the  pticulars  w^hout 
his  oath,  but  seeing  M"".  Ludlowes  atturny  will  not  be  so  satis- 
fyed, and  therefore  the  court  requires  his  oath,  and  y*  he 
lookes  at  an  oath,  in  a  case  of  necessitie,  for  confirmation  of 
truth,  to  end  strife  among  men,  as  an  ordinance  of  God,  accord- 
ing to  Heb:  6,  16,  hee  therevpon  declares  as  followetli. 

That  Mr.  Ludlow,  sitting  w4i  him  &  his  wife  alone,  and 
discoursing  of  the  passages  concerning  Knapps  wife  the  witch, 
and  her  execution,  said  that  she  came  downe  from  the  ladder, 
(as  he  vnderstood  it,)  and  desired  to  speake  w^h  him  alone, 
and  told  him  who  was  the  witch  spoken  of;  and  so  farr  as  he 
remembers,  he  or  his  wife  asked  him  who  it  was;  he  said  she 
named  goodwife  Stapleies;  M^".  Dauenport  replyed  that  hee 
beleeued  it  was  vtterly  vntrue  and  spoken  out  of  malice,  or  to 
that  purpose;  M"".  Ludlow  answered  that  he  hoped  better  of 
her,  but  said  she  was  a  foolish  woman,  and  then  told  them  a 
further  storey,  how  she  tumbled  the  cprpes  of  the  witch  vp  & 
downe  after  her  death,  before  sundrie  women,  and  spake  to  this 
effect,  if  these  be  the  markes  of  a  witch  I  am  one,  or  I  haue 
such  markes.     M^  Dauenport  vtterly  disliked  the  speech,  not 


1654]  TjUEISDICTION   OP  NEW   HAVEN.  79 

haueing  heard  anything  from  others  in* that  pticular,  either  for 
her  or  against  her,  and  supposing  M"".  Ludlow  spake  it  vpon 
such  intelligenc  as  satisfyed  him;  and  whereas  M^  Ludlow 
saitli  he  required  and  they  promised  secrecy,  he  doth  not 
remember  that  either  he  required  or  they  pmised  it,  and  he 
doth  rather  beleeue  the  contrary,  both  because  he  told  them 
that  some  did  ouerheare  what  the  witch  said  to  him,  and 
either  had  or  would  spread  it  abroad,  and  because  he  is  care- 
full  not  to  make  vnlawfull  promises,  and  when  he  hath  made 
a  lawfull  promise  he  is,  through  the  help  of  Christ,  carefull  to 
keepe  it. 

M'''s.  Dauenport  saith,  that  M^  Ludlow  being  at  their  house, 
and  speakeing  aboute  the  execution  of  Knapps  wife,  (he  being 
free  in  his  speech,)  was  telling  seuerall  passages  of  her,  and  to 
the  best  of  her  remembranc  said  that  Knapps  wife  came  downe 
from  the  ladder  to  speake  wUi  him,  and  told  him  that  goodwife 
Staplyes  was  a  witch,  and  that  M^  Daueport  replyed  some- 
thing on  behalfe  of  goodwife  Staplies,  but  the  words  she 
remembers  not;  and  something  M^  Ludlow  spake,  as  some 
did  or  might  ouerheare  what  she  said  to  him,  or  words  to  that 
effect,  and  that  she  tumbled  the  dead  body  of  Knapps  wife  vp 
&  downe  and  spake  words  to  this  purpose,  that  if  these  be  the 
markes  of  a  witch  she  was  one,  or  had  such  markes ;  and  con- 
cerning any  promise  of  secrecy  she  remembers  not. 

Mr.  Dauenport  and  M"^.  Dauenport  affirmed  vpon  oath,  that 
the  testimonies  before  written,  as  they  properly  belong  to  each, 
is  the  truth,  according  to  their  best  knowledg  &  memory. 

M"".  Dauenport  desired  that  in  takeing  his  oath  to  be  thus 
vnderstood,  that  as  he  takes  his  oath  to  giue  satisfaction  to  the 
court  and  M"".  Ludlowes  atturney,  in  the  matters  attested  be- 
twixt M'  Ludlow  &  Thomas  Staplies,  so  he  lymits  his  oath 
onely  to  that  pt  and  not  to  y^  preface  or  conclusion,  they  being- 
no  pt  of  the  attestation  and  so  his  oath  not  required  in  them. 

To  the  latter  pt  of  the  declaration,  the  plant'  pduced  y^, 
proofe  following, 

Goodwif  Sherwood  of  Fairfeild  affirmeth  vpon  oath,  that 
vpon  some  debate  betwixt  M"".  Ludlow  and  goodwife  Staplies, 
she  heard  M'  Ludlow  charge  goodwif  Staplies  w^h  a  tract  of 


80  RECORDS  OF  THE  [1654 

lying,  and  that  in  discourse  she  had  heard  him  so  charge  her 
seuerall  times. 

John  Tompson  of  Fairfeild  testifyeth  vpon  oath,  that  in  dis- 
course he  hath  heard  M^.  Ludlow  express  himselfe  more  then 
once  that  goodwife  Staplies  went  on  in  a  tract  of  lying,  and 
when  goodwife  Staplyes  hath  desired  M^.  Ludlow  to  convince 
her  of  telling  one  lye,  he  said  she  need  not  say  so,  for  she 
went  on  in  a  tract  of  lying, 

Goodwife  Gould  of  Fairefeild  testifyeth  vpon  oath,  that  in 
a  debate  in  y^  church  w^^h  M"".  Ludlow,  goodwife  Staplyes 
[53]  desired  him  to  show  her  wherein  she  ||  had  told  one  lye, 
but  Mr.  Ludlow  said  she  need  not  mention  pticulars,  for  she 
had  gon  on  in  a  tract  of  lying. 

Ensigne  Bryan  was  told,  he  sees  how  the  plantife  hath 
proued  his  charge,  to  w^h  he  might  now  answer;  wherevpon 
he  presented  seuerall  testimonies  in  wrighting  vpon  oath,  taken 
before  M^.  Wells  and  M^  Ludlow.  The  plant'  objected  that 
the  wrighting  presented  was  not  that  W'h  was  written  from 
the  witnesses  by  M^  Ludlow  himselfe,  w^h  he  thought  was 
not  so  faire  pceeding  as  if  another  who  was  not  interessed  had 
writt  them,  but  these  are  copies,  yet  not  attested  by  the  hand 
of  any  publique  officer  to  be  true  copies,  yet  the  court  caused 
y'"  to  be  read  that  they  might  make  such  vse  of  them  as  they 
should  se  cause,  w^h  testimonies  are  as  followeth, 

May  the  thirteenth,  1654. 

Hester  Ward,  wife  of  Andrew  Ward,  being  sworne  de- 
poseth,  that  aljoute  a  day  after  that  goodwife  Knapp  was  con- 
demned for  a  witch,  she  goeing  to  y^  prison  house  where  the 
said  Knapp  was  kept,  she,  y^  said  Knapp,  voluntarily,  w'hout 
any  occasion  giuen  her,  said  that  goodwife  Staplyes  told  her, 
the  said  Knapp,  that  an  Indian  brought  vnto  her,  the  said 
Staplyes,  two  litle  things  brighter  then  the  light  of  the  day, 
and  told  the  said  goodwife  Staplyes  they  were  Indian  gods,  as 
the  Indian  called  y™  ;  and  the  Indian  w^hall  told  her,  the  said 
Staplyes,  if  she  would  keepe  them,  she  should  be  so  big  rich, 
all  one  god,  and  that  the  said  St^lyes  told  the  said  Knapp, 
she  gaue  them  again  to  the  said  Indian,  but  she  could  not  tell 
whether  she  did  so  or  no. 


1654]  JUEISDICTION   OP  NEW   HAVEN.  81 

Luce  Pell,  the  wife  of  Thomas  Pell,  being  sworne  deposeth 
as  followeth,  that  aboiite  a  day  after  goodwife  Knapp  was  con- 
demned for  a  witch,  M'^^^.  Jones  earnestly  intreated  her  to  goe 
to  y-'  said  Knapp,  who  had  sent  for  her,  and  then  this  deponent 
called  the  said  Hester  Ward,  and  they  went  together;  then  the 
said  Knapp  voluntarily,  of  her  owne  accord,  spake  as  the  said 
Hester  Ward  hath  testifyed,  word  by  word;  and  the  said  M^s. 
Pell  further  saith,  that  she  being  one  of  y^  women  that  was 
required  by  the  court  to  search  the  said  Knapp  before  she  was 
condemned,  &  then  M^'s.  Jones  presed  her,  the  said  Knapp, 
to  confess  whether  ther  were  any  other  that  were  witches, 
because  goodwife  goodwife  Basset,  when  she  was  condemned,* 
said  there  was  another  witch  in  Fairefeild  that  held  her  head 
full  high,  and  then  the  said  goodwife  Knapp  stepped  a  litle 
aside,  and  told  her,  this  deponent,  goodwife  Basset  ment  not 
her ;  she  asked  her  whom  she  ment,  and  she  named  goodwife 
Staplyes,  and  then  vttered  the  same  speeches  as  formerly  con- 
cerning ye  Indian  gods,  and  that  goodwife  Staplyes  her  sister 
Martha  told  the  said  goodwife  Knapp,  that  her  sister  Staplyes 
stood  by  her,  by  the  fire  in  there  house,  and  she  called  to 
her,  sister,  sister,  and  she  would  not  answer,  but  she,  the  said 
Martha,  strucke  at  her  and  then  she  went  away,  and  ye  next 
day  she  asked  her  sister,  and  she  said  she  was  not  there ;  and 
Mris.  Ward  doth  also  testify  w^h  M"^  Pell,  that  the  said 
Knapp  said  the  same  to  her;  and  the  said  M'"s.  Pell  saith,  that 
aboute  two  dayes  after  the  search  afforesaid,  she  went  to  y^ 
said  Knapp  in  prison  house,  and  the  said  Knapp  said  to  her,  I 
told  you  a  thing  the  other  day,  and  goodman  Staplies  had  bine 
w'h  her  and  t^ireatened  her,  that  she  had  told  some  thing  of 
his  wife  that  would  bring  his  wiues  name  in  question,  and  this 
deponent  she  told  no  body  of  it  but  her  husband,  &  she  was 
much  inoued  at  it. 

/  Elizabeth  Brewster  being  sworne,  deposeth  and  saith,  that 
after  goodwife  Knap  was  executed,  as  soone  as  she  was  cut 
downe,  she,  the  said  Knapp,  being  caried  to  the  graue  side, , 
goodwife  Staplyes  w^h  some  other  women  went  to  search  th6 
said  Knapp,  concerning  findeing  out  teats,  and  goodwife  Sta- 
plyes handled  her  verey  much,  and  called  to  goodwife  Lock- 
wood,  and  said,  these  were  no  witches  teates,  but  such  as  she 
herselfe  had,  and  other  women  might  haue  the  same,  wringing 
her  hands  and  takeing  y^  Lords  name  in  her  mouth,  and  said, 

*  Reference  is  made  a  little  further  on,  to  the  confession  made  by  "  the  witch  at  the 
other  town."    We  find  in  the  records  of  Connecticut,  under  date  of  May,  1651,  that 
governor  Haynes,  Mr.  CuUick  and  Mr.  Clarke  were  desired  to  go  down  to  Stratford,  to 
keep  court  upon  the  trial  of  goody  Bassett  for  her  life. 
11 


lS'<\0%S^ 


82  RECORDS   OP  THE  [1654 

will  you  say  these  were  witches  teates,  they  were  not,  and 
called  vpon  goodwife  Lockwood  to  come  &  see  them;  then 
this  deponent  desired  goodwife  Odell  to  come  &  see,  for  she 
had  liine  vpon  her  oath  when  she  found  the  teates,  and  she, 
this  depon',  desired  the  said  Odill  to  come  and  clere  it  to  good- 
[54]  wife  Staplies ;  ||  goodwife  Odill  would  not  come ;  then 
the  said  Staplies  still  called  vpon  goodwife  Lockwood  to  come, 
will  you  say  these  are  witches  teates,  I,  sayes  the  said  Staplies, 
haue  such  myselfe,  and  so  haue  you  if  you  search  yo''selfe ; 
goodwife  Lockwood  replyed,  if  I  had  such,  she  would  be 
hanged ;  would  you,  sayes  Staplies,  yes,  saith  Lockwood,  and 
deserve  it;  and  the  said  Staplies  handeled  the  said  teates  very 
much,  and  pulled  them  w^li  her  fingers,  and  then  goodwife 
Odill  came  neere,  and  she,  the  said  Staplies,  still  questioning, 
the  said  Odill  told  her  no  honest  women  had  such,  and  then 
all  the  women  rebuking  her  and  said  they  were  witches  teates, 
then  the  said  Staplies  yeilded  it. 

Mary  Brewster  being  sworn  &  deposed,  saith  as  followeth, 
that  she  was  present  after  the  execution  of  j^  said  Knapp,  and 
she  being  brought  to  the  graue  side,  she  saw  goodwife  Staplyes 
pull  the  teates  that  were  found  aboute  goodwife  Knapp,  and 
was  verey  earnest  to  know  whether  those  were  witches  teates 
w'^h  were  found  aboute  her,  the  said  Knapp,  w"  the  women 
searched  her,  and  the  said  Staplyes  pulled  them  as  though  she 
would  haue  pulled  them  of,  and  pi'sently  she,  this  depon% 
went  away,  as  liauing  no  desire  to  looke  vpon  them. 

Susan  Lockwood,  wife  of  Robert  Lockwood,  being  sworne 
&  examined  saith  as  foH,  that  she  was  at  the  execution  of 
goodwife  Knapp  that  was  hanged  for  a  witch,  and  after  the 
said  Knapp  was  cut  downe  and  brought  to  the  graue,  goodwife 
Staplyes,  w'h  other  women,  looked  after  the  teates  that  the 
women  spake  of  appointed  by  the  magistrats,  and  the  said 
goodwife  Staplies  was  handling  of  her  where  the  teates  were, 
and  the  said  Staplies  stood  vp  and  called  three  or  foure  times 
and  bid  me  come  looke  of  them,  &  asked  her  whether  she 
would  say  they  were  teates,  and  she  made  this  answer,  no 
matter  whether  there  were  teates  or  no,  she  had  teates  and 
confessed  she  was  a  witch,  that  was  sufficient;  if  these  be 
teates,  here  are  no  more  teates  then  I  myselfe  haue,  or  any 
other  women,  or  you  either  if  you  would  search  yo''  body ;  this 
depon*  saith  she  said,  I  know  not  what  you  haue,  but  for  her- 
selfe,  if  any  finde  any  such  things  m)oute  me,  I  deserved  to  be 
hanged  as  she  was,  and  yet  afterward  she,  the  said  StajDlyes, 
stooped  downe  againe  and  handled  Her,  y^  said  Knapp,  verey 
much,  aboute  y^  place  where  the  teates  were,  and  seuerall  of 


1654]  JURISDICTION   OF   NEW   HAVEN.  83 

ye  women  cryed  her  downe,  and  said  they  were  teates,  and 
then  she,  the  said  Staplyes,  yeilded,  &  said  verey  like  they 
might  be  teates. 

Thomas  Sheruington  <fe  Christopher  Comhstocke  &  goodwife 
Baklwine  were  all  together  at  the  prison  house  where  good- 
wife  Knapp  was,  and  ye  said  goodwife  Baldwin  asked  her 
whether  she,  the  said  Knapp,  knew  of  any  other,  and  she  said 
there  were  some,,  or  one,  that  had  receiued  Indian  gods  that 
were  very  bright ;  the  said  Baldwin  asked  her  how  she  could 
tell,  if  she  were  not  a  witch  herselfe,  and  she  said  the  party 
told  her  so,  and  her  husband  was  witnes  to  it;  and  to  this  they 
were  all  sworne  &  doe  depose. 

Eebecka  Hull,  wife  of  Cornelius  Hull,  being  sworne  &  ex- 
amined, deposeth  &  saith  as  followeth,  that  when  goodwife 
Knapp  was  goeing  to  execution,  M>".  Ludlow,  and  her  father 
M'",  Jones,  pressing  the  said  Knapp  to  confess  that  she  was  a 
witch,  vpon  wh  goodwife  Staplies  said,  why  should  she,  the 
said  Knapp,  confess  that  w^h  she  was  not,  and  after  she,  the 
said  goodwife  Staplyes,  had  said  so,  on  that  stood  by,  why 
should  she  say  so,  she  the  said  Staplyes  replyed,  she  made  no 
doubt  if  she  the  said  Knapp  were  one,  she  would  confess  it. 

Deborah  Lockwood,  of  the  age  of  17  or  thereaboute,  sworne 
&  examined,  saith  as  followeth,  that  she  being  present  when 
goodwife  Knapp  was  goeing  to  execution,  betweene  Tiyes  & 
the  mill,  she  heard  goodwife  Staplyes  say  to  goodwife  Gould, 
[55]  she  was  pswaded  ||  goodwife  Knapp  w^as  no  witch ;  good- 
wife  Gould  said,  sister  Staplyes,  she  is  a  witch,  &  hath  con- 
fessed had  had  familiarity  w^h  the  Deuill.  Staplies  replyed, 
I  was  w^h  her  yesterday,  or  last  night,  and  she  said  no  such 
thing  as  she  heard. 

Aprill  26'\  1654. 

Bethia  Brundish,  of  the  age  of  sixteene  or  thereaboutes, 
maketh  oath,  as  they  were  goeing  to  execution  of  goodwife 
Knapp,  who  was  condemned  for  a  witch  by  the  court  &  jury 
at  Fairfeild,  there  being  present  herselfe  &  Deborah  Lockwood 
and  Sarah  Cable,  she  heard  goodwife  Staplyes  say,  that  she 
thought  the  said  goodwife  Knapp  was  no  witch,  and  goodwife 
Gould  presently  reproued  her  for  it. 
Witnes  Jurat'  die  &  anno  p^dicto, 

Andrew  Warde,  Coram  me,  Ro  Ludlowe. 

The  plant'  replyed  that  he  had  seuerall  other  witnesses  w^li 
he  thought  would  cleere  the  matters  in  question,  if  the  court 
please  to  heai'e  them,  w^h  being  granted,  he  first  presented  a 


84  EECORDS  OP  THE  [1654 

testimony  of  goodwife  Whitlocke  of  Fairfeild,  vpon  oatli  taken 
before  M^  Fowler  at  Millford,  the  27*1^  of  May,  1654,  wherein 
she  saith,  that  concerning  goodwife  Staplyes  speeches  at  at  the 
execution  of  goodwife  Knapp,  she  being  present  &  next  to 
goody  Staplyes  when  they  were  goeing  to  put  the  dead  corpes 
of  goodwife  Knapp  into  the  graue,  seuerall  women  were  look- 
ing for  the  markes  of  a  witch  vpon  the  dead  body,  and  seuerall 
of  the  women  said  they  could  finde  none,  &  this  depon*  said, 
nor  I ;  and  she  heard  goodwife  Staplyes  say,  nor  I ;  then  came 
one  that  had  searched  the  said  witch,  &  shewed  them  the 
markes  that  were  vpon  her,  and  said  what  are  these ;  and  then 
this  depon*  heard  goodwife  Staplyes  say  she  never  saw  such  in 
all  her  life,  and  that  she  was  pswaded  that  no  honest  woman 
had  such  things  as  those  were ;  and  the  dead  corps  being  then 
pi'sently  put  into  the  graue,  goodwife  Staplyes  &  myselfe 
came  imediately  away  together  vnto  the  towne,  from  the  place 
of  execution. 

Goodwife  Barlow  of  Fairfeild  before  the  court  did  now  tes- 
tify vpon  oath,  that  when  Knapps  wife  was  hanged  and  ready 
to  be  buried,  she  desired  to  see  the  markes  of  a  witch  and 
spake  to  one  of  her  neighbours  to  goe  w^h  her,  and  they  looked 
but  found  them  not;  then  goodwife  Staplyes  came  to  them,  and 
one  or  two  more,  goodwife  Stapleyes  kneeled  downe  by  them, 
and  they  all  looked  but  found  y™  not,  &  said  they  saw  nothing 
but  what  is  com  on  to  other  women,  but  after  they  found  them 
they  all  wondered,  and  goodwife  Staplyes  in  pticular,  and  said 
they  neuer  saw  such  things  in  their  life  before,  so  they  went 
away. 

The  wife  of  John  Tompson  of  Fairefeild  testifyeth  vpon  oath, 
that  goodwife  Whitlock,  goodwife  Skplyes  and  herselfe,  were 
at  the  graue  and  desired  to  see  y^  markes  of  the  witch  that 
was  hanged,  they  looked  but  found  them  not  at  first,  then  the 
midwife  came  &  shewed  them,  goodwife  Staplyes  said  she 
neuer  saw  such,  and  she  beleeved  no  honest  woman  had  such. 

The  wife  of  Richard  Lyon,  and^oodwife  Squire  of  Faire- 
feild affirme  to  the  same  purpose,  as  appeares  by  a  wrighting 
pi'sented,  but  not  vpon  oath. 

Goodwife  Sherwood  of  Fairefeild  testifyeth  vpon  oath,  that 


1654]  JURISDICTION   OP  NEW  HAVEN.  85 

that  day  Kiiapps  wife  was  condemned  for  a  witch,  she  was 
there  to  see  her,  all  being  gone  forth  but  goodwife  Odill  and 
her  selfe,  then  their  came  in  M^'s.  Pell  and  her  two  daughters, 
Elizabeth  &  Mary,  goody  Lockwood  and  goodwife  Purdy; 
M'is.  Pell  told  Knapps  wife  she  was  sent  to  speake  to  her,  to 
[56]  haue  her  confess  that  for  Wh  she  was  ||  condemned,  and 
if  she  knew  any  other  to  be  a  witch  to  discover  them,  and  told 
her,  before  she  was  condemned  she  might  thinke  it  would  be 
a  meanes  to  take  away  her  life,  but  now  she  must  dye,  and 
therefore  she  should  discouer  all,  for  though  she  and  her 
family  by  the  providence  of  God  had  brought  in  nothing 
against  her,  yet  ther  was  many  witnesses  came  in  against  her, 
and  she  was  cast  by  the  jury  &  godly  magistrats  hauing  found 
her  guilty,  and  that  the  last  evidence  cast  the  cause.  So  the 
next  day  she  went  in  againe  to  see  the  witch  w^h  other  neigh- 
bours, there  was  M^  Jones,  M^'s.  Pell  &  her  two  daughters, 
Mris.  Ward  and  goodwife  Lockwood,  where  she  heard  M^^^. 
Pell  desire  Knapps  wife  to  lay  open  herselfe,  and  make  way 
for  the  minister  to  doe  her  good ;  her  daughtr  Elizabeth  bid 
her  doe  as  the  witch  at  the  other  towne  did,  that  is,  discouer 
all  she  knew  to  be  witches.  Goodwife  Knapp  said  she  must 
not  say  anything  w^h  is  not  true,  she  must  not  wrong  any 
body,  and  what  had  bine  said  to  her  in  private,  before  she 
went  out  of  the  world,  when  she  was  vpon  the  ladder,  she 
would  reveale  to  M''.  Ludlow  or  y^  minister.  Elizabeth 
Bruster  said,  if  you  keepe  it  a  litle  longer  till  you  come  to  the 
ladder,  the  diuill  will  haue  you  quick,  if  you  reveale  it  not  till 
then.  Good :  Knapp  replyed,  take  heed  the  devile  haue  not 
you,  for  she  could  not  tell  how  soone  she  might  be  her  com- 
panyon,  and  added,  the  truth  is  you  would  haue  me  say  that 
goodwife  Staplyes  is  a  witch,  but  I  haue  sinns  enough  to 
answer  for  allready,  and  I  hope  I  shall  not  add  to  my  con- 
demnation ;  I  know  nothing  by  goodwife  Staplyes,  and  I  hope 
she  is  an  honest  woman.  Then  goodwife  Lockwood  said, 
goodwife  Knapp  what  ayle  you ;  goodman  Lyon,  I  pray  speake, 
did  you  heare  vs  name  goodwif  Staplyes  name  since  we  came 
here ;  Lyon  wished  her  to  haue  a  care  what  she  said  and  not 
breed  dififerenc  betwixt  neighbours  after  she  was  gone ;  Knapp 


86  KECORDS  OF  THE  [1654 

replyed,  goodman  Lyon  hold  yo""  tongue,  you  know  not  what 
I  know,  I  haue  ground  for  what  I  say,  I  haue  bine  fished 
w'hall  in  private  more  then  you  are  aware  of;  I  apprehend 
goodwife  Staples  hath  done  me  some  wrong  in  her  testimony, 
but  I  must  not  render  euill  for  euill.  Then  this  depon*  spake 
to  goody  Knapp,  wishing  her  to  speake  w'h  the  jury,  for  she 
apprehended  goodwife  Staplyes  witnessed  nothing  contrary  to 
other  witnesses,  and  she  supposed  they  would  informe  her  that 
the  last  evidenc  did  not  cast  y^  cause ;  she  replyed  that  she 
had  bine  told  so  w'hin  this  halfe  lioure,  &  desired  M^  Jones 
and  herselfe  to  stay  and  the  rest  to  depart,  that  she  might 
speake  w'h  vs  in  private,  and  desired  me  to  declare  to  M^ 
Jones  what  they  said  against  goodwife  Staplyes  the  day  before, 
but  she  told  her  she  heard  not  goodwife  Staplyes  named,  but 
she  knew  nothing  of  that  nature ;  she  desired  her  to  declare 
her  minde  fully  to  M'  Jones,  so  she  went  away. 

Further  this  depon^  saith,  that  comeing  into  the  house  where 
the  witch  was  kept,  she  found  onely  the  wardsman  and  goodwife 
Baldwine  there,  goodwife  Baldwin  whispered  her  in  the  eare  and 
said  to  her  that  goodwife  Knapp  told  her  that  a  woman  in  y^ 
towne  was  a  witch  and  would  be  hanged  w^hin  a  twelue  moneth, 
and  would  confess  herselfe  a  witch  and  cleere  her  that  she  was 
none,  and  that  she  asked  her  how  she  knew  she  was  a  witch,  and 
she  told  her  she  had  received  Indian  gods  of  an  Indian,  w^h  are 
[57]  shining  ||  things,  w^h  shine  lighter  then  the  day.  Then 
this  depon*  asked  goodwife  Knapp  if  she  had  said  so,  and  she 
denyed  it;  goodwife  Baldwin  affirmed  she  did,  but  Knapps 
wife  againe  denyed  it  and  said  she  knowes  no  woman  in  the 
towne  that  is  a  witch,  nor  any  woman  that  hath  received 
Indian  gods,  but  she  said  there  was  an  Indian  at  a  womans 
house  and  offerred  her  a  coople  of  shining  things,  but  the 
woman  neuer  told  her  she  tooke  them,  but  was  afraide  and 
ran  away,  and  she  knowes  not  that  the  woman  euer  tooke 
them.  Goodwife  desired  this  depon*  to  goe  out  and  speake 
w'^h  the  wardsmen;  Thomas  Shervington,  who  was  one  of 
them,  said  hee  remembred  not  that  knapps  wife  said  a  woman 
in  the  towne  was  a  witch  and  would  be  hanged,  but  spake 
something  of  shining  things,  but  Kester,  M^.  Pells  man,  being 


1654]  JURISDICTION   OF   NEW   HAVEN.  87 

by  said,  but  I  remember;  and  as  they  were  goeing  to  the 
graue,  goodwife  Staplyes  said,  it  was  long  before  she  could 
beleeve  this  poore  woman  was  a  witch,  or  that  their  were  any 
witches,  till  the  word  of  God  convinced  her,  w^'h  saith,  thou 
shalt  not  suffer  a  witch  to  Hue. 

Thomas  Lyon  of  Fairfeild  testifyeth  vpon  oath,  taken  before 
M"".  Fowler,  the  27^^  May,  1654,  that  he  being  set  by  authority 
to  watch  w^i  Knapps  wife,  there  came  in  M"s.  Pell,  M'"^ 
Ward,  goodwife  Lockwood,  and  M^'s.  Pells  two  daughters; 
the  fell  into  some  discourse,  that  goodwife  Knapp  should  say 
to  them  in  private  w<^h  goodwife  Knapp  would  not  owne,  but 
did  seeme  to  be  much  troubled  at  them  and  said,  the  truth  is 
you  would  haue  me  to  say  that  goodwife  Staplyes  is  a  witch ;  I 
haue  sinnes  enough  allready,  I  will  not  add  this  to  my  con- 
demnation, I  know  no  such  thing  by  her,  I  hope  she  is  an 
lionest  woman;  then  goodwife  Lockwood  caled  to  mee  and 
asked  whether  they  had  named  goodwife  Staplyes,  so  I  spake 
to  goodwife  Knapp  to  haue  a  care  what  she  said,  that  she  did 
not  make  differrence  amongst  her  neighbours  when  she  was 
gon,  and  I  told  her  that  I  hoped  they  were  her  frends  and 
desired  her  soules  good,  and  not  to  accuse  any  out  of  envy,  or 
to  that  effect;  Knapps  wife  said,  goodman  Lyon  hold  yo'" 
tongue,  you  know  not  so  much  as  I  doe,  you  know  not  what 
hath  bine  said  to  me  in  private;  and  after  they  was  gon,  of 
her  owne  accord,  betweene  she  &  I,  goody  Knapp  said  she 
knew  nothing  against  goodwife  Staplyes  of  being  a  witch. 

Richard  Lyon  of  Fairfeild  afiirmeth  to  the  same  purpose  as 
Tho:  Lyon  doth,  as  appeares  by  a  wrighting  vnder  his  hand, 
but  not  vpon  oath. 

Goodwife  Gould  of  Fairfeild  testifyeth  vpon  oath,  that  good- 
wife  Slierwood  &  herselfe  came  in  to  see  the  witch,  there  was 
one  before  had  bine  speaking  aboute  some  suspicious  words 
of  one  in  the  towne,  this  depont  wished  her  if  she  knew  any- 
thing vpon  good  ground  she  would  declare  it,  if  not,  that  she 
would  take  heede  that  the  deuill  pswaded  her  not  to  sow 
malicious  seed  to  doe  hurt  when  she  was  dead,  yet  wished 
her  to  speake  the  truth  if  she  knew  anything  by  any  pson ;  she 
said  she  knew  nothing  but  vpon  suspicion  by  the  rumours 


88  RECORDS  OP  THE  [1654 

she  heares;  this  depont  told  her  she  was  now  to  dye,  and 
therefore  she  should  deale  truly ;  she  burst  forth  into  weeping 
and  desired  me  to  pray  for  her,  and  said  I  knew  not  how  she 
was  tempted ;  neuer,  neuer  poore  creature  N^as  tempted  as  I 
am  tempted,  pray,  pray  for  me.  Further  this  depon^  saith, 
as  they  were  goeing  to  y^  graue,  M^  Buckly,  goodwife  Sher- 
wood, goodwife  Staplye  and  myselfe,  goodwife  Staplyes  was 
next  me,  she  said  it  was  a  good  while  before  she  could  beleeue 
this  woman  was  a  witch,  and  that  she  could  not  beleue  a  good 
while  that  there  were  any  witches,  till  she  went  to  y«  word  of 
God,  and  then  she  was  convinced,  and  as  she  remembers, 
goodwife  Stapleyes  went  along  w^h  her  all  the  way  till  they 
came  at  y^  gallowes.  Further  this  deponent  saith,  that  M^. 
Jones  some  time  since  that  Knapps  wife  was  condemned,  did 
tell  her,  and  that  w^h  a  very  cherefull  countenance  &  blessing 
God  for  it,  that  Knapps  wife  had  cleered  one  in  y^  towne,  & 
said  you  know  who  I  meane  sister  Staplyes,  blessed  be  God 
for  it. 

Ensigne  Bryan  informed  the  court  that  one  pticular  in  y^ 
charge  he  heard  not  of  before,  and  therefore  is  not  prepared  to 
answer,  but  desires  further  time  for  that  pt,  and  he  will  be 
bound  to  answer  Thomas  Staplyes  in  it  when  the  court  shall 
appointe,  Wh  the  court  told  him  they  would  consider  of. 
[58]  II  The  plant'  and  defendt'  haueing  spoken  what  they 
pleased  in  y^  case,  the  court  considered  of  what  hath  bine 
alleadged  and  proved  on  both  sides,  and  though  they  are  not 
satisfyed  in  the  evidences  p^sented  by  Ensigne  Bryan,  yet  they 
haue  considered  what  the  seuerall  witnesses  speake  therein, 
and  finde  not  that  they  take  of  the  testimony  giuen  in  on  the 
other  side,  nor  doe  they  justify  M"".  Ludlow  in  ye  defameing 
expressions  of  goodwife  Staplyes,  yet  w'hall  they  consider  that 
he  said  hee  thought  them  not  true,  yet  they  tend  to  defama- 
tion, the  court  in  their  sentence  shall  incline  to  more  fauour 
then  possibly  they  should  doe  if  M"".  Ludlow  was  here,  but  the 
third  pt  of  the  charge  being  left  till  pother  time,  vpon  Ensigne 
Bryans  ingagm^  to  answer  it  at  the  next  court  of  magistrats 
here,  or  sooner  if  called  to  it,  for  y^  former  parts  of  the  charge, 
they  see  no  cause  to  lay  any  blemish  of  a  witch  vpon  goodwife 


1654]  JURISDICTION   OF   NEW   HAVEN.  89 

Staplies,  but  must  judg  that  M^.  Ludlow  hath  done  her  wrong, 
and  therefore  is  by  this  court  ordered  to  pay  to  Thomas 
Staplies,  by  way  of  fine  for  reparation  of  his  wiues  name,  tenn 
pounds,  and  for  his  trouble  &  charge  in  following  the  suit,  fine 
pounds  more,  the  latter  pt  of  y^  charge  being  left  as  before 
expressed. 

Capt.  Nathaniell  Siluester  entered  an  action  of  defamation 
against  John  Scott,  wherein  John  Youngs  was  included,  and 
John  Youngs  entered  an  action  of  defamation  against  Capt. 
Silvestr,  but  afterward  they  all  made  a  private  agreemt  among 
themselues,  and  so  ceased  to  psecute  any  further. 

Capt.  Silvester  entered  an  action  against  Jno  Peakin  of 
Southold,  for  entertayning  some  of  his  servants,  but  when  he 
came  to  plead,  failed  in  his  proofe  and  was  content  his  action 
should  fall,  and  the  ten  shillings  received  for  entry  of  y^  action 
ye  court  returned. 

i^Z^  Leueridg'  of  Oyster  Bay,  plant.  ) 

Capt.  Siluester  of  Shelter  Island,  defendt.  \  M'".  Leueridg 
declared  that  he  had  bought  a  certaine  debt  of  M".  Carman 
of  Hempsted,  due  from  Capt.  Silvester  by  bill  and  deteyned 
by  him,  to  the  vallew  of  fine  &  forty  pounds,  and  doth  now 
desire  the  justice  of  the  court,  that  he  might  haue  the  saide 
debt  w^h  just  damages  for  none-payement  when  first  due. 

Captaine  Siluester  said  that  he  owed  M"".  Leueridg  nothing, 
but  to  M"^  Carman  hee  owes  foure  &  forty  or  fine  &  forty 
pound,  w^h  is  to  bee  paide  in  strong  water,  salt  beefe,  and 
other  goods,  w'h  first  conveniency,  but  no  time  is  sett,  and 
that  hee  did  endeauour  to  send  it  quickly  after  the  debt  was 
made,  by  Joseph  Alsop,  but  he  would  not  cary  it,  and  after  by 
Leiutennant  Seely,  but  he  refused  also,  and  some  of  the 
comodities  being  leaky,  he  thought  it  best  to  dispose  of  them, 
and  John  Ogden  coming  to  his  island,  and  being  willing  to  buy 
the  goods,  and  for  his  paye  would  turne  ouer  a  bill  he  had  of 
M^'s.  Carmans  for  fifty  pounds,  to  be  paid  in  beauor;  so  they 
agreed,  and  he  sent  M''^.  Carman  word  of  it,  and  she  returned 
answer  that  she  had  sold  her  bill  to  M^  Leueridg,  but  w^h  was 
don  first  did  not  cleerly  appeare  to  y^  court,  though  M"". 
Leueridg  by  some  circumstances  endeauourcd  to  proue  that  he 
12 


90  EECORDS  OF  THE  [1654 

bought  the  bill  of  M^^.  Carman  first,  and  one  M^.  Washborne 
of  Hempsted,  now  in  court,  said  he  could  testify  that  M^is. 
Carman  had  sold  her  bill  to  M.  Leueridg,  but  whether  before 
John  Ogden  sould  his  to  the  Capt.  he  cannot  tell,  and  some 
questions  being  put  to  M"".  Leueridg  concerning  the  buying 
this  bill,  what  consideration  was  giuen  for  it,  or  whether  it 
were  not  a  matter  in  trust,  could  not  be  sufficiently  clcered, 
[59]  Ml".  Leueridg  hauing  said  that  he  expected  not  |1  to  meete 
the  Capt.  here,  and  so  hath  not  some  wrightings  ready,  w^^h 
did  necessarily  occasion  a  respite  of  y°  cause,  that  things  may 
be  further  cleered  and  issued  at  the  court  of  magistrats,  to 
be  held  at  Newhauen  the  third  Wedensday  in  October  next, 
vnless  they  doe  in  y^  meane  time  issue  it  betweene  themselues 
in  a  private  way.  And  Capt.  Silvester  and  M.  Giles  Silvestr, 
his  brother,  ingage  themselues  in  forty  fine  pound  sterling  to 
answer  M.  Leueridg  here  at  Newhaven,  at  the  time  before 
mentioned,  w^h  M^.  Leueridg  accepted. 

The  last  will  and  testam'  of  M^  Edmund  Tapp,  late  of  Mill- 
ford  deceased,  was  pi'sentcd  in  court,  made  the  first  of  April!, 
1653,  confirmed  by  his  owne  hand  and  scale,  and  testifyed 
vpon  oath  by  Richard  Miles  and  Henry  Glouer  of  Newhauen 
at  a  court  held  at  Millford. 

Also  an  inventory  of  the  estate  of  the  said  M"".  Edmund 
Tapp,  amoimt'  to  718':  01«:  04^,  prised  the  26th  of  Aprill, 
1653,  by  Ensigne  Bryan,  Sarjant  East  and  Thorn:  Welch,  and 
by  them  testifyed  vpon  oath  to  be  a  true  apprism*,  at  a  court 
at  Millford. 

The  last  will  and  testam*  of  Edwa:  Wigglesworth,  late  of 
Newhaven  deceased,  was  presented  to  y^  court,  made  the 
12th  of  July,  1653,  confirmed  by  his  owne  hand  and  scale, 
&  witnessed  by  M"".  John  Dauenport,  M"^.  William  Hooke,  and 
M.  Mathew  Gilbert. 

Also  the  inventory  of  the  estate  of  the  said  Edwa:  Wiggles- 
worth,  amount'  to  401:  14:  02'i:  prised  by  M'-.  Gil])crt  & 
Richard  Miles,  the  31th  of  March,  1654,  and  by  them  testifyed 
vpon  oath  to  be  a  true  apprisment,  at  a  court  held  at  New- 
hauen the  2J  of  May,  1654. 

The  last  will  and  testam*  of  John  Basset,  late  of  Newhauen 


1654]  JTJEISDICTION   OP  NEW   HAVEN.  91 

deceased,  was  presented  to  the  court,  made  the  17^^  of  Feb- 
ruary, 1652,  confirmed  by  his  owne  hand,  and  witnessed  by 
Richard  Miles  &,  John  Harriman  vpon  oath,  at  a  court  held  at 
Newhauen  l^h  Nouem  &  3^  February,  1653. 

iUso  an  inventory  of  the  estate  of  the  said  John  Basset, 
amount'  to  691':  19^:  00,  prised  by  Thom:  Munson  &  John 
Harriman,  the  211''  of  Febr.  1652,  and  by  them  testifyed  vpon 
oath  to  be  a  true  aprism^,  at  a  court  held  at  Newhauen,  y^  first 
of  Nouem.  &  B*^  January,  1653. 

The  last  will  &  testam*-  of  Hen:  Pecke,  late  of  Newhauen 
deceased,  was  p^sented  to  the  court,  made  the  Zd^^  of  Octol)er, 
1651,  witnessed  by  William  Pecke,  Jn^  Moss,  and  Sam:  Whit- 
head  vpon  their  oath,  at  a  court  held  at  Newhauen,  the  2^  of 
May,  1654. 

Also  an  inventory  of  the  estate  of  y^  said  Hen:  Peck, 
amount'  to  56i:  2^:  8^',  prised  the  30"i  of  Nouem.,  1651,  by 
Sam:  Whithead  and  Roggcr  Allen,  &,  by  them  testifyed  vpon 
oath  to  be  a  true  aprism^,  at  a  court  at  Newhauen,  the  2^'  of 
May,  1654. 

The  last  will  and  tcstam*  of  Capt.  Wood  was  presented, 
written  by  M.  Goodyear  and  proued  to  be  his  minde  &  will  by 
yc  oath  of  Capt.  Scamo^"  Jacobson  &  John  Harriman. 

Also  an  inventory  of  y^  estate  of  y"  said  Capt.  Wood, 
amount  to  25:  09^:  09^1,  prised  hj  Mathew  Gilbert,  Jn^  Nash 
k  Jn"  Harriman,  and  by  them  testifyed  vpon  oath  to  1)C  a  true 
apprism*,  at  Newhaven  the  lO'''  of  Septcm.,  1652,  before  y^ 
o;ouerno^ 


[60]     At  a  Court  of  Election  held  at  Newhauen  for 
ye  Jurisdiction  May  31*^,  1654. 
Tlieophilus  Eaton,  Esq^",  chosen  Gouerno^ 
W.  Stephen  Goodyeare,  chosen  Dept'  Gouerno^ 
Francis  Newman,  chosen  Magistrat       j  ^^^  Newhauen. 
M"".  Samuell  Eaton,  chosen  Magistrate  ) 
Capt  Astwood,      j  ^^     i3^^^t3  for  Millford. 
M^  Benja:  Fenn,  ) 
M^  Leete,  Magistrate  for  Guilford. 


92  RECORDS   OF   THE  [1654 


Court  to  chuse  them,  but  not  to  act  but  vpon  y^  terms  the 
Geii'"ll  Court  sees  cause. 

M'  Atwater  cliosen  Treasurer. 

Francis  Newman,  chosen  Secretary. 

Thomas  Kimberly,  chosen  Marshall. 


At  a  Generall  Court  held  at  Newhauen  for  the  Juris- 
diction, THE  31tJ»  OF  May,  1654. 
Present. 
Magistrals . 
Theophilus  Eaton,  Esq%  Gouerno"". 
M'  Stephen  Goodyeare,  Dept.  Gouerno''. 
Francis  Newman,  Magistrate  for  Newhauen. 
M'  Benja:  Fenn,  Magistrat  for  Millford. 
M'  William  Leete,  Magistrat  for  Guilford. 
Deputies. 
Mr.  William  Gibbard, 
Henry  Lindon, 
Robert  Treate,     '  r.,,^    -, 
Thomas  Welch,     ™f^^'^- 

M'  Chittendine,     ^   .,^    , 
M'  Jordan,  Gnilford. 

Richard  Law, 

Francis  Bell,      Stamford. 

Barnabas  Horton, 

John  Peakin,  Southold. 

M'  Crane, 

LawrancWard,     ^randford. 

The  deputies  hauing  p''sented  their  cirtifycates,  the  court 
pceeded,  and  first  Capt.  Nathaniel  Silvester  hauing  bine  ques- 
tioned in  ye  court  of  magistrats  (by  reason  of  an  action  he 
entred  against  John  Scott,  wherein  Jn"  Youngs,  Jun"",  of 
Southhold  was  included,)  for  sundrie  miscariages,  and  pticu- 


1654]  JURISDICTION   OP   NEW   HAVEN.  93 

larly  some  towards  this  jurisdiction,  as  that  he  should  say  it  was 
a  tyranicall  gouermS  as  was  testifyed  Ijy  M^  Joseph  Youngs 
and  Roger  Cheston  of  Southhold,  beside  other  offensive  carriage 
concerning  the  Saboth,  &  ordinances,  &c.,  at  w^h  court  he 
also  shewed  much  passion  and  hight  of  spirit,  to  the  courts 
great  dissatisfaction,  w^h  they  manifested  toward  him.  The 
gouerno'"  now  informed  the  court  that  Capt.  Silvester  had 
[61]  bine  w^h  him  and  professed  he  saw  ||  his  miscariages 
towards  the  jurisdiction  and  the  court,  and  desired  hee  might 
haue  opptunity  to  giue  the  court  satisfaction,  w°h  being 
granted  he  said,  there  is  testimony  giuen  in  that  he  should 
say  this  gouerm*  is  a  tyranicall  gouerm*,  w^h  he  cannot  deny, 
for  he  did  speake  some  words  to  that  purpose  and  is  heartyly 
sorey  for  it,  and  cranes  pardon  of  the  court,  as  also  for  the 
just  offence  he  gaue  at  Southold  in  saying,  (vpon  supposition 
of  an  order  made  to  keepe  him  out  of  their  towne,)  that  if  any 
mett  him  in  the  streets  and  medled  w^h  him  he  would  pistoll 
them,  and  in  other  respects  he  hath  caried  it  w^h  two  much 
bitternes  of  speech,  w'^h  he  now  sees  the  euill  of  and  hopes  he 
shall  walke  inofensiuely  for  time  to  come. 

After  consideration,  the  court  told  Capt.  Silvester  that  they 
haue  considered  his  acknowledgm*,  and  are  willing  to  take 
satisfaction,  hopeing  he  sees  his  euill  and  that  by  Gods  assist- 
ance he  will  walke  so  as  not  to  giue  offence  hereafter,  either 
in  pointe  of  the  Saboth,  or  towards  the  jurisdiction,  or  South- 
old  in  pticular,  and  in  that  frame  they  intend  to  walke  towards 
him,  and  though  they  might  require  a  wrighting  for  securitie 
hereof,  yet  they  shall  rest  vpon  his  word  and  pmise,  w^h  he 
now  made,  to  in  gage  himselfe  to  an  inoffensive  carriage  here- 
after. 

John  Youngs,  jun.,  of  Southold  appeared  before  the  court, 
against  whome  sundrie  complaints  from  Southold  haue  bine 
made  of  great  miscariages,  tending  to  disturbe  the  peace  of  ye 
jurisdiction  and  ouerthrow  the  foundations  of  gouerm*  here 
laid  and  to  raise  an  open  rebellion  against  this  colony,  of  w% 
he  had  before  now  bine  informed  and  was  now  againe  reminded 
of,  but  the  court  vnderstanding  by  letters  from  Southhold  that 
though  there  haue  bine  sundrie  dififerrences  and  contentions 


94  EECORDS  OF  THE  [1654 

among  them,  to  issue  W^li  they  intended  to  haiie  come  to  this 
court,  but  now  they  hauc  agreed  among  themselues  and  desired 
that  all  may  be  buried  in  y^  lake  of  oblivion,  and  the  court  not 
being  willing  to  stirr  vp  or  disturbe  mens  spirits,  if  they  might 
liaue  any  good  ground  of  hope  that  they  would  cary  it  peace- 
ably for  the  future,  did  alow  of  what  they  had  don. 

And  concerning  John  Youngs,  he  did  now  acknowledg  that 
he  hath  miscaryed  many  wayes,  speaking  rash  and  foolish 
words  and  such  as  haue  tended  to  sedition,  was  vnsatisfyed 
that  he  had  not  his  vote  in  chusing  millitary  officers,  and  that 
such  he  would  not  follow  as  he  did  not  chuse,  he  is  sorey  he 
hath  giuen  such  just  offence  and  hopes  he  shall  take  warning 
and  walke  to  better  satisfaction  hereafter ;  so  that  vpon  the 
desire  of  Southold,  his  owne  acknowledgm*  now  made  and 
pmise  of  amendm*,  the  court  past  by  and  remitted  his  offence 
without  fine  or  punishment,  but  did  order  that  he  shall 
giue  bond  to  the  jurisdiction  to  the  valew  of  one  hundered 
pound  sterling,  that  he  will  hereafter  attend  his  oath  of  fidel- 
litie  taken  to  y«  jurisdiction  and  maintayne  the  lawes  here 
established,  and  not  disturbe  the  peace  of  the  same  or  any 
plantation  therein ;  w'^h  bond  was  giuen  and  he  dismissed. 

Eobert  Basset  hauing  bine  questioned  at  two  former  courts 
for  diuers  miscariages  proued  against  him  and  confessed  by 
him,  was  now  called  befor  the  court,  and  told  that  the  court 
expects  from  him  an  acknowledgm^  of  his  miscariages  and  of 
his  purpose  and  resolution  by  Gods  help  to  walke  in  a  better 
manner  hereafter. 

Robert  Basset  said,  concerning  that  letter  he  receiued 
w'hout  a  name  subscribed,  he  did  not  doe  as  he  ought  in  so 
weighty  a  buisnes,  not  considering  of  it  nor  seeing  that  in  it 
w*=h  he  since  sees,  but  somethmg  being  in  it  wh  suited  his 
present  affection  against  the  Duch  and  his  corrupt  oppinion 
concerning  the  votes,  whereby  his  eyes  were  then  blinded,  he 
is  heartily  sorey  for  it,  and  if  God  had  not  stopped  him,  for 
ought  he  knowes,  it  might  haue  wrought  great  disturbance ; 
and  for  his  disturbing  the  peace  of  the  colony  and  opposing 
[62]  the  wayes  ||  of  goucrm*,  hee  sees  his  euill  in  it  in  some 
measure,  and  hopes  he  shall  see  it  more,  for  he  is  convinced 


1654]  JURISDICTION   OP  NEW   HAVEN.  95 

that  the  way  of  goiiermt  here  setled  is  according  to  God,  w^h 
he  hath  not  honnored  as  he  ought,  and  had  hee  honored  God, 
He  would  haue  helped  him  to  hono"^  the  gouerm*,  w^^h  he  did 
not,  and  is  heartily  sorry  for  it ;  concerning  the  vncomfortable 
words  in  the  towne  naeetings  at  Stamford,  w*^h  haue  tended 
much  to  disturbe  the  peace  of  that  place,  and  much  greive  the 
hearts  of  Gods  people,  w^h  doth  now  cause  sorrow  of  heart  in 
him,  and  he  hopes  that  as  he  hath  bine  an  instrum*^  of  dishono'" 
to  God  in  that  place,  so  ho  desires  to  be  an  instrumt  of  His 
liono''  there;  and  concerning  y^  letter  w^h  he  caried  from 
Stamford,  wherein  he  was  imployed  by  the  towne,  at  tliat  time 
he  apprehended  it  for  the  peace  of  y^  place,  but  he  now  sees 
that  he  did  not  then  see  the  bottom  of  it,  for  it  did  tend  to 
dishono'"  tire  gouerm*^  here  and  preferr  another  gouerm'  before 
it ;  these  and  other  his  miscariages  ho  said  he  was  sorey  for, 
and  desires  the  court  to  be  mcrcifull  to  him,  hopeing  he  shall 
be  watchfull  hereafter,  and  added  that  he  lookes  vpon  this  as 
an  agravation  of  his  sinn,  that  all  this  was  against  his  oath  of 
fidellitie  and  from  the  great  pride  of  his  spirit. 

Robert  Basset  was  told  that  the  court  doth  incline  the  more 
to  be  satisfy ed,  because  the  haue  receiued  a  certify cate  from 
Stamford  w^h  doth  giue  a  good  testimony  of  his  acknowledgmt 
of  his  euill  there,  and  of  some  reformation  begunc,  and  of  his 
walking  in  a  contrary  way  to  his  former  way  of  disturbance, 
and  therefore  vpon  their  desire,  and  what  he  hath  now 
acknowledged,  wUi  his  promise  of  a  better  walkeing  hereafter, 
the  court  doth  remitt  his  offence,  but  ordered  that  he  giue 
bond  to  the  jurisdiction,  to  the  valcw  of  one  hundered  pound 
sterling,  that  hee  will  hereafter  attend  his  oath  of  fidellitie  and 
the  lawes  of  the  jurisdiction,  and  will  not  at  any  time  disturbe 
the  peace  of  this  colony,  or  of  any  plantation  therein;  Wh 
bond  was  giuen  &  he  dismissed. 

The  deputies  of  Southold  p''sented  to  y«  court  a  wrighting 
from  their  towne,  wherein  it  is  desired  that  Barnabas  Horton 
and  John  Peaken,  the  two  present  deputies  for  Southold,  may 
be  chosen  constables  for  that  plantation ;  w<=h  was  done,  and 
they  haue  the  same  power  comitted  to  tlrem  as  was  giuen  to 
the  constable  of  Southold  the  30'^  May,  1649,  fo:  176,  and 


96  RECORDS   OP   THE  [1654 

they  now   tooke  oath  that  they  would,  by  ye  help  of  God, 
faithfully  discharg  the  trust  comitted  to  them. 

The  said  constables  were  desired  to  see  that  those  in  their 
towne  who  haue  not  taken  the  oath  of  fidellitie  doe  forthw'^h 
take  it,  and  those  wh  refuse  are  to  be  bound  ouer  to  answer 
it  at  the  court  of  magistrats,  to  be  held  here  the  tliird  Wedens- 
day  in  October  next. 

The  said  dept'  also  informe  the  court  that  Thorn:  Benidict 
and  some  others  who  liue  nere  Southold  doe  desire  to  joyne 
w'h  them,  w^h  the  court  advised  to,  so  it  might  be  to  mutual! 
satisfaction. 

Mr.  Wells  of  Southold  sent  a  petition  to  the  court  to  be 
freed  from  all  publique  service  in  y^  jurisdiction  hereafter, 
w^^h  ye  court  saw  no  cause  to  grant. 

It  was  propounded  that  the  dept'  sent  from  the  seuerall 
plantations  for  ye  generall  court  might  be  vnder  oath  to  be 
faithfull  in  y^  trust  comitted  to  them,  but  because  it  hath  not 
heitherto  bine  done,  and  no  oath  prepared  in  that  case,  it  was 
referred  to  another  season. 

Richard  Law,  Francis  Bell  and  John  Holly,  are  chosen 
deputies  for  Stamford,  who  are  to  keepe  court  and  cary  on 
civill  in  that  plantation  for  ye  yeare  ensuing,  and  haue  the 
same  power  comitted  to  them  as  was  giuen  to  the  deputies  of 
Totoket,  alis  Brandford,  by  the  Generll  Court,  the  29th  of 
May,  1651,  as  it  is  entred  fo:  303 ;  and  Eichard  Law  and 
Fran :  Bell  did  now  take  the  deputies  oath,  and  they  are  to 
administer  the  said  oath  to  the  other  deputie  at  Stamford. 
[63]  II  Old  Mr.  Swaine,  M--.  Crane,  Samuell  Swaine  and 
Lawrance  Ward,  are  chosen  deputies  for  Brandford  for  ye 
yeare  ensuing,  and  haue  the  same  power  comitted  to  them  as 
the  deputies  of  that  plantation  had  giuen  them  May  29^^, 
1651,  fo:  303,  and  M^.  Crane  and  Lawrance  Ward  did  now 
take  the  deputies  oath,  and  they  were  to  administere  the  said 
oath  to  the  other  deputies  there. 

It  is  ordered  that  the  size  of  caske  for  packing  vp  of  flesh 
for  sale  in  this  jurisdiction  shall  be  eight  and  twenty  gallons, 
and  that  an  officer  in  euery  plantation  be  appointed,  who  shall 
be  vnder  oath,  to  see  that  they  are  full  gaged  so  much,  who  shall 


1654]  JURISDICTION   OF  NEW  HAVEN.  97 

sett  his  marke  vpon  them,  knowne  to  be  the  gagers  marke, 
that  it  may  appeare  they  haiie  passed  his  view ;  and  whosoeuer 
shall  breake  this  order,  by  packing  in  caske  of  a  less  size,  shall 
forfeite  ten  shillings  for  each  barell,  and  this  order  to  be  so 
published  that  euery  buyer  may  know  what  to  expect  before 
he  make  or  conclude  the  bargaine,  that  he  haue  no  cause  of 
after  complainte. 

Ypon  some  question  propounded  to  the  court  concerning 
M^.  Wells  his  chilldren,  which  were  Henry  Tuttills  of  South- 
old,  it  is  ordered  that  what  evidenc  can  be  procured  for  further 
cleereing  the  chilldrens  portions,  should  be  speedily  sent  to 
the  gouerno'^  at  Newhaven,  at  furthest  betwixt  this  and  the 
court  of  magistrats  to  be  held  at  Newhauen  the  third  Wedens- 
day  in  October  next,  and  if  M"".  Wells  should  remoue  from 
Southold,  that  so  much  of  his  estate  be  securied  as  may 
answer,  not  onely  the  pportions  allready  appointed,  but  also  a 
meete  some  for  that  w^h  may  vpon  evidence  further  appeare 
to  be  due  to  them. 

John  Peakin  hath  lycense  from  this  court  to  sell  stronge 
water  at  Southold,  pvided  that  he  attend  the  orders  of  the 
jurisdiction  in  that  case,  both  to  English  &  Indians. 

The  Court  being  informed  that  by  reason  of  Leiutennats 
Budds  absence,  Southold  is  left  destitute  of  a  fitt  man  to  exer- 
cise the  millitary  company  there,  and  that  one  Charles  Glouer 
had  some  time  done  it  since  Leiutennant  Budd  went  to  Eng- 
land, but  because  he  had  not  this  courts  alowance  therein,  hee 
would  not  pceede ;  wherefore  the  court  now  declares,  (that 
vnderstanding  he  is  a  member  of  y®  church  of  Salem,  and  had 
he  letters  of  recomendation,  he  might  be  admitted  a  freeman 
as  others  are,)  that  he  doe  resume  that  worke,  &  exercise  the 
millitary  company  at  Southold,  and  be  helpfull  in  ordering  ye 
watches  and  other  service  of  that  nature,  till  further  order 
from  this  court,  pvided  that  he  take  the  oath  of  iidellite  to  be 
faithfull  of  the  jurisdiction,  but  if  he  refuse,  as  he  is  to  be 
bound  to  answer  it  here  at  Newhauen  at  the  court  of  magis- 
trats, so  the  trust  is  still  to  continew  in  the  hands  of  Barnabas 
Winds,  who  is  a  corporall  to  that  company,  till  further  order, 
and  the  constables  are  desired  to  assist  and  be  helpfull  to  him 
13 


98  RECOEDS  OP  THE  [1654 

in  setting  &  ordering  the  watches,  of  W^h  burden  he  much 
complaineth. 

It  is  ordered  that  in  euery  plantation  in  this  jurisdiction 
there  shall  be  a  viewer  of  corne,  that  in  case  of  differrence 
may  judg  whether  it  be  well  dressed  and  merchantable  or  no, 
w<=h  man  is  to  be  chosen  by  each  plantation,  and  shall  bee 
vnder  oath  to  judg  faithfully  when  called  to  it,  and  is  to  be 
paide  for  his  time  spent  and  paines  therein  by  him  whose  corne 
is  faulty,  or  who  vnnecessarily  occasions  the  trouble. 

It  is  ordered  that  vpon  the  admittance  of  any  man  as  a 
planter  into  any  plantation  in  this  jurisdiction,  the  funda- 
mentall  lawes  and  orders  concerning  votes,  &c.,  shall  be  read 
to  them,  and  if  approved,  the  oath  of  fidellitie  shall  be  admin- 
istred  to  them,  the  plantation  w<=h  is  to  receive  them  being 
satisfyed  in  other  respects,  by  a  satisfying  cirtifycate  from 
sufficient  credible  psons,  of  their  good  behaz;aviour  <fe  con- 
versation. 

The  Gouerno''  informed  the  court  that  M"".  Leueridg  had 
bine  w^h  him  and  propounded  to  know  whether  their  planta- 
tion at  Oyster  Bay  might  not  joyne  and  be  admitted  a  member 
[64]  of  this  colony;  he  also  ppounded  ||  some  objections, 
aboute  a  pattent,  aboute  publique  charges  in  this  jurisdiction 
aboue  others,  wUi  some  thing  aboute  keepeing  courts  at  their 
owne  plantation,  all  w^h  was  answered  so  as  he  objected  no 
further,  but  desired  to  know  if  vpon  further  speech  w'h  their 
towne  they  desire  to  be  receiued,  whether  it  might  be  done 
w^hout  y*^  generall  courts  meeting  againe.  The  court  consid- 
ered of  what  was  propounded,  and  declared,  that  if,  vpon  their 
full  vnderstanding  the  fundamentall  lawes  and  orders  for 
gouerm^  here  established,  they  shall  desire  to  joyne,  and  that 
they  doe  vpon  their  admittance  take  the  oath  of  fidellitie  as 
before  ordered,  and  in  a  wrighting  subscribed  by  them  solemly 
ingage  themselues  to  a  full  observanc  thereof,  they  may  be 
receiued  as  a  member  of  this  jurisdiction. 

An  old  debt  of  six  &  twenty  shillings  oweing  by  Jn^  Chap- 
man to  the  jurisdiction  for  pte  of  a  fine  was  now  remitted. 

An  old  delit  of  foure  pound  seuen  shillings  due  from  South- 
old,  (W^h,  by  reason  of  the  death  of  some,  and  the  remouall 


1654]  JURISDICTION   OP  NEW   HAVEN.  99 

of  others  out  of  the  towne,  they  cannot  finde  out  the  pticular 
psons  from  whom  it  is  due,)  was  now  remitted. 

It  is  ordered  that  if  any  man  refuse  to  prise  the  goods  of  y^ 
deceased  and  inventory  the  same  and  attest  the  said  apprizm^ 
vpon  oath  according  to  order,  when  by  the  court  or  authority 
in  ye  place  they  are  called  to  it,  shall  forfeite  fine  shillings  for 
each  time  they  so  refuse,  the  estate  so  prised  makeing  them  a 
just  alowance  for  their  time  and  paines  therein. 

Vpon  a  petition  from  William  Boarman,  and  vpon  the  desire 
of  Francis  Bell,  one  of  the  deputies  for  Stamford,  on  behalfe 
of  Samuell  Barret,  the  court  tooke  of  that  restrainte  w^'h  lay 
vpon  them  forbiding  them  to  goe  out  of  this  jurisdiction,  and 
also  repealed  that  part  of  the  order  concerning  their  wearing 
a  halter. 

The  Court  was  informed  that  Millford  haue  chosen  Robert 
Treate  leiutennant  for  their  towne,  and  desire  he  may  be  con- 
firmed by  this  court,  W^h  was  now  done,  and  he  is  alowed  as 
the  cheife  millitary  officer  there  for  the  present,  to  order  ye 
millitary  affaires  of  that  towne. 

It  is  ordered  that  some  writings  concerning  some  land  in 
question  betwixt  Stamford  and  Norwalke  should  be  recorded 
in  ye  jurisdiction  records. 

It  is  ordered  that  the  gouernor  shall  haue  fifty  pounds 
alowed  him  for  this  yeare  ensuing  paid  him  out  of  the  juris- 
diction treasury  as  formerly. 

Vpon  makeing  vp  ace"  wUi  M^  Goody eare,  it  appeared  that 
Mr.  Goodyeare  was  in  the  jurisdictions  debt  aboute  thirty  fiue 
pounds,  wh  vpon  consideratios  w^h  satisfyed  them  the  court 
gaue  to  him. 

Some  question  being  moued  whether  the  gouernors  rates 
should  not  bee  brought  in,  in  the  bills  of  rateing  for  New- 
hauen,  w^h  after  some  debate  was  thus  issued,  that  the  court 
generally  declared  themselues  willing  at  present  to  forbeare  it. 


100  EECORDS  OF  THE  [1654 


[65]     At   a   Generall   Court  held   Newhauen 
Jurisdiction,  the  9th  or  June,  1654. 
Present. 
Magistrats. 
Tlieopliilus  Eaton,  Esq^",  Gouerno'". 
M"".  Stephen  Goodyeare,  Dept'  Gou'. 
Francis  Newman, 


M'  Samuell  Eaton,      ^  ^^^  Newhauen. 
M'  Benjamin  Fenn,  for  Millford. 
M'  William  Leete,  for  Guilford. 
Deputies. 

Mr.  William  Gibbard, 

Henry  Lindon. 

Robert  Treate, 

Thomas  Welch. 

Mr.  Chittendine, 

M'  Jordan. 

Barnabas  Horton, 

John  Peakin. 

M'  Crane, 

Lawranc  Ward. 
The  Gouernor  acquainted  the  court  that  he  had  the  day 
before  received  some  letters,  w^h  did  occasion  this  meeting,  as 
one  from  his  Highnes,  Oliuer,  Lord  Protector  of  England, 
Scotland  and  Ireland,  informing  of  shipps  and  amunitio  sent 
to  assiste  the  colonies  against  the  Duch,  and  also  a  letter  from 
Major  Sedgwick  and  Capt.  Leuerit,  who  are  intrusted  by  the 
Lord  Protector  in  that  service,  (both  w<=h  were  read  to  the 
court,)  wherein  they  desire  one  or  two  may  be  sent  from  this 
colony  to  treate  and  consult  w^h  them  aboute  this  waighty 
affaire,  and  in  both  the  letteris  is  expressed  that  they  desire 
expedition  may  be  attended ;  therefore  it  is  now  the  courts 
worke  to  agree  how  many  they  will  send,  and  who  the  psons 
are.  The  court  readily  exprest  their  willingnes  to  joyne  in 
this  designe,  and  afford  what  help  they  could,  to  the  vtmost  of 


1654]  JUEISDICTION   OF  NEW   HAVEN.  101 

their  abillitie,  and  chose  and  appointed  M^.  William  Leete  and 
M'  Thomas  Jordan,  to  goe  to  Boston  to  treate  and  consult 
w^h  them,  to  whom  they  gaiie  comission  &  instructions  as 
folio  weth. 

The  Comission  of  M>".  William  Leete,  Magistrat,  and  of  M'. 
Thomas  Jordan,  one  of  the  Deputies,  now  sent  from  the 
Generall  Court  for  the  Jurisdiction  of  Newhauen,  as  Agents, 

You  are  w^h  all  convenient  speede  to  trauell  to  Boston  in 
ye  Massachusts,  and  there  to  treate  w^h  Major  Sedgwick  and 
Capt.  John  Leueret,  appointed  and  betrusted  by  his  Highnes, 
Oliuer,  Lord  Protector  of  England,  Scotland  and  Ireland,  and 
w^h  such  others  as  shall  be  deputed  for  the  treaty  from  the 
other  three  jurisdictions,  or  any  of  them,  in  a  service  both  for 
the  Comon  wealth  of  England,  and  for  these  colonies,  accord- 
ing to  such  comission  and  instructions  as  they  haue  receiued, 
and  shall  pduce  and  shew  from  the  State  of  England,  wherein 
though  they  yet  know  not  how  the  affaire  shall  be  mannaged, 
nor  what  may  be  required  or  expected  from  them,  yet  they 
are  ready,  according  to  their  abillitie  and  meanes,  to  afford 
their  best  assistance,  both  in  men  and  pvissions.  The  pticu- 
lars  they  referr  to  yo""  consideration  and  judgment. 

In  witnes  whereof  I  subscribe,  this  9t'»  of  June,  1654. 

Francis  Newman,  Secret,  and  by  order  of  y^  Gen:  Court. 

Instructions  for  M"".  William  Leete  and  M"".  Thomas  Jordan, 
sent  as  Agents  for  this  Jurisdiction  to  treate,  &c.,  as  their 
Comission  bearing  date  with  these  presents  will  more  fully 
shew. 

The  Comissiou''s  for  the  three  other  colonies  did  in  Septem- 
ber last,  vpon  their  best  considerations,  declare,  that  the 
Massachusts  colony  in  denying  to  act  (as  was  expresly  in 
the  articles)  according  to  the  determination  of  seuen  of  y 
comission''s,  (though  they  neither  charged  nor  objected  any 
vnrighteousnes  in  their  conclusions,)  had  actually  broken 
[66]  their  couenant  of  confederation,  and  ||  though  in  Nouem- 
ber  last  these  two  colonies  answered  the  letter  and  queries 
sent  from  the  Gen.  Court  of  the  Massachusts,  the  haue  not  to 
this  day  receiued  any  returne ;  yet  vpon  a  letter  and  directions 
receiued  from  his  Highnes,  Oliuer,  Lord  Protector  of  England, 


102  RECORDS  OF  THE  [1654 

Scotland  &  Ireland,  tliey  send  you  as  their  agents  to  treate 
w'h  Major  Sedgwicke,  Capt.  Jn"  Leuerit,  &  w^h  such  others 
as  shall  be  deputed  for  the  said  treaty  from  the  other  three 
colonies,  or  any  of  them. 

1.  If  vpon  sight  of  the  comission  and  instructions  from  the 
authority  of  England,  the  foure  colonies  concur r  to  afford 
assistance  in  the  seruice  ppounded,  this  colony  will  readily 
joyne.  If  the  Massachusets  vpon  any  consideration  refuse  or 
delay,  (w<=h  wee  hope  they  will  not,)  yet  wee  shall  readily 
joyne  w*h  the  other  two  colonies,  or  w*h  Connecticott,  yea 
this  jurisdict'  alone,  (if  others  differr  in  judgm',)  would 
improue  the  vtmost  of  their  abillity  to  manifest  their  due 
submission  to  the  authority  of  England,  and  readines  in  a 
service  wherein  all  New-England,  at  least  these  western  colo- 
nies, are  so  much  concerned. 

2.  Considering  that  a  litle  delay  may  much  increase  the 
difficulty  of  tlie  worke,  if  it  doe  not  vtterly  ouerthrow  it,  you 
will  by  no  meanes  admitt  any  long  consultation  or  dispute,  but 
vse  all  possible  expedition,  according  to  the  Lord  Protectors 
order,  w^h  (through  the  blessing  of  God,)  may  much  further 
the  success ;  and  when  you  haue  considered  &  agreed,  what 
numbers  of  men,  and  what  quantity  of  pvissions  of  all  sorts 
each  colony  is  to  furnish,  you  will,  by  some  trusty  and  speedy 
messenger,  giue  timely  information,  that  preparations  may  be 
here  made  accordingly. 

3.  For  the  shipping  sent  from  England,  or  vessells  belong- 
ing to  any  of  these  parts,  it  may  fall  vnder  consideration, 
whether  if  part  bee  sent  w^hout  the  Island,  &  part  come  w^hin, 
the  service  against  the  enemie  and  y^  securitie  of  these  planta- 
tions may  not  bee  best  carryed  on  and  provided  for. 

By  order  of  the  Generall  Court,  the  9th  of  June,  1654. 
^  Francis  Newman,  Secret. 

And  the  better  to  furnish  them  for  this  jurny,  they  borrowed 
of  widdow  Wigglesworth  fine  pounds  in  siluer,  w<=h  the  court 
promised  should  bee  repaide  w^hin  three  monethes,  in  the 
same  kinde  or  in  other  paye  to  her  satisfaction,  so  as  neither 
she  nor  her  chilldren  should  suffer  by  it. 


1654]  JURISDICTION   OP   NEW   HAVEN.  103 

It  is  ordered  that  all  sorts  of  provision  in  this  jurisdiction 
be  stopped,  and  none  to  ^e  sent  forth  of  the  same,  by  ly cense 
or  otherwise,  vnless  it  be  from  one  plantation  in  this  jurisdic- 
tion to  another,  and  then  due  care  to  be  taken,  by  those  in 
authority  in  that  plantation  from  whenc  it  goes,  that  it  may 
not  be  turned  another  way,  w'^h  is  to  stand  in  force  till  further 
order  be  giuen. 

An  order  made  by  the  gen.  court  in  May,  1653,  concerning 
the  keeping  of  twelue  horses  in  y^  fine  plantations  vpon  the 
maine  in  this  jurisdiction,  for  publique  service,  is  now  ordered 
to  be  forthw*h  put  in  execution,  and  an  addition  of  halfe  so 
many  more  to  be  pvided  and  kept  in  each  plantation.  That 
is  to  say,  six  at  Newhauen,  and  three  apeece  at  the  other  foure 
townes;  and  Southold,  whose  deputies  were  then  absent,  but 
now  present,  is  ordered  to  keepe  two  horses  constantly  in  a 
readines  in  their  towne  for  publique  service,  w^h  horses,  as 
they  are  intended  for  the  more  quick  dispatch  of  messengers 
from  place  to  place,  and  other  publique  service,  so  also  that 
they  be  trayned  vp  in  a  millitary  way,  that  they  may  be  fitt  to 
doe  service  in  that  kinde  also,  if  there  be  occasion ;  and  though 
these  horses  at  some  time  may,  w'h  leaue  from  the  authority 
in  ye  place,  be  vsed  by  the  owners  for  some  short  jurnies,  yet 
care  must  be  taken  that  at  least  halfe  of  them  be  left  at  home 
readie  for  the  publique  service  if  called  to  it. 
[67]  II  It  is  ordered  that  while  these  times  of  danger  last,  and 
till  further  order  bee  giuen,  the  millitary  company  in  each 
plantation  in  this  jurisdiction  shall  trayne  once  a  weeke,  vpon 
such  day  as  they  shall  judg  most  convenient  for  them,  begin- 
ing  at  two  aclocke  in  the  afternoone,  and  so  continewing  a 
convenient  season  in  that  exercise,  for  the  better  fitting  men 
to  vse  their  armes  when  called  to  it,  and  that  others  may  see 
wee  are  not  secure  in  these  times  of  trouble ;  and  that  also 
a  dilligent  view  of  armes  be  forthwith  made  and  a  constant 
observation  taken,  that  at  no  time  men  may  be  vnfitted  or 
vnfurnished  of  what  is  necessary  for  their  defence,  and  that 
euery  plantation  see  that  their  watches  bee  duely  attended, 
and  the  ward  on  the  Lords  dayes  and  other  times  of  publique 
meetings. 


104  RECORDS   OP  THE  [1654 

The  last  Gen:  Court  a  comittee  was  chosen,  who  in  the 
courts  absence  might  act  in  publique  buisnes  in  case  things 
did  suddenly  present,  but  now  that  order  is  repealed,  and  the 
authority  in  euery  plantation  is  to  act,  in  case  of  necessitie 
when  danger  is  discouered,  so  as  they  shall  judg  best  for  the 
publique  safety,  makeing  things  knowne  to  the  gouernor  w^h 
all  speed,  if  y^  case  require  it,  that  so  the  generall  court  (if 
hee  sees  cause)  may  bee  called  to  consider  &  provide  for  the 
good  of  the  whole. 

It  is  ordered  that  the  shooemakers  in  Newhauen  shall  be 
forthw^i  desired,  or  if  they  refuse,  pressed,  to  make  three  or 
foure  dosson  of  good  plaine  strong  shooes  of  the  10:  11  &  12, 
such  as  may  be  fitt  for  souldiours,  if  they  should  be  called  to 
goe  forth. 

The  Court  considered  the  occasion  the  jurisdiction  is  like 
to  haue  for  laying  out  of  sundrie  charges  in  these  times,  and 
that  at  present  there  is  not  wherewniall  in  stocke  to  paye  what 
is  oweing,  did  see  cause  to  order  that  a  rate  of  two  hundered 
pounds  be  levyed  from  the  seuerall  plantations  in  this  juris- 
diction, in  due  and  equall  pportions,  W^h  (because  of  the 
prsent  occasion)  is  to  be  paide  in  to  the  treasurer  at  New- 
hauen, betwixt  this  and  the  10'^  of  July  next,  in  such  paye, 
and  at  such  prizes,  and  vnder  the  same  penalty,  as  was  ordered 
in  leuying  a  two  hundered  pound  rate  the  29^^  of  June,  1653. 
The  seuerall  pportions  are  as  followeth. 


From  Newhaven, 

801: 

15«: 

lOd, 

From  Millford, 

41: 

16: 

00. 

From  Guilford, 

27: 

16: 

00. 

From  Stamford, 

18: 

10: 

10. 

From  Southold, 

16: 

03: 

09. 

From  Brainford, 

14: 

17: 

07. 

Some  is  =  200:    00:    00. 

[68]   II  Seuerall  wrightings   recorded    concerning   lands   in 
question  betwixt  Stamford  &  Iforwalk,  w^h  vpon  y^  desire 
of  Stamford  is  ordered  to  be  recorded. 
This  may  certify  that  Pyamikee,  Sagamore,  did  vpon  the 

24th  of  March  in  y^  yeare  1645,  make  a  deed  of  gift  of  all  the 


1654]  JURISDICTION   OP   NEW   HAVEN.  105 

land  from  that  w^h  is  comonly  called  the  pine  brooke  by  the 
English,  and  that  W^h  is  called  fine  mile  river,  or  Roawayton, 
where  their  planting  land  doth  come  very  neere  vnto  the  said 
land,  was  by  a  deed  of  gift  made  oner  vnto  Andrew  Ward  and 
Richard  Law,  w^h  they  did  receive  for  the  towne  of  Stamford, 
and  at  the  same  time  did  giue  vnto  the  said  Sagamore  one 
coate,  in  the  presence  of  George  Slawson,  and  after  that  three 
more,  wUi  some  qnantity  of  tobaco,  and  y^  said  Sagamore  did 
confirme  the  same  by  setting  his  hand  to  a  wrighting  then 
made.  The  said  Sagamore  vpon  the  gift  did  except  against 
setting  houses,  because  the  English  hoggs  would  be  ready  to 
spoyle  their  corne,  and  that  the  cattell,  in  case  tliey  came  oner 
the  said  tiue  mile  riuer,  would  spoyle  their  corne ;  to  w^h  it 
was  granted  that  to  inhabit  wee  did  not  intend,  and  for  our 
cattell  wee  intended  they  should  haue  a  keeper,  and  in  case 
any  hurt  was  done  they  should  haue  satisfaction.  That  this 
land  as  aforesaid  was  by  the  said  Pyamikee,  in  the  prscnce  of 
other  foure  or  hue  Indians,  resigned  for  euer  to  y«  English, 
in  witnes  whereof  wee  haue  set  to  our  hands. 

Stamford,  l^b  moneth  4'h,  1652.  Andrew  Warde, 

Richard  Law. 

George  Slawson  in  this  testimony  affirmeth,  that  vpon  con- 
sideration of  the  land  given  and  resigned  to  the  English  at 
Stamford,  as  is  expressed,  they  gaue  a  coate  to  Pyamikee,  w=h 
he  received  and  set  his  hand  to  the  wrighting  to  confirme  the 
same  in  his  presence. 

George  Slawson. 

This  testimony,  w'h  what  is  next  aboue  written,  was  given 
in  vpon  oath  by  Rich:  Law  and  Geo:  Slawson,  at  Newhauen, 
the  31t'^  of  May,  1654,  before  me. 

Theoph:  Eaton. 

Stamford,  )      The  testimony  of  goodman  Ambler  vpon 

May  26t'>,  1654  )  oath,  he  affirmeth  that  he  being  at  worke 
for  Mr.  Stanton,  and  M'^.  Lords  hoggs  hauing  done  hurt  in  y« 
Indians  corne,  the  Indians  complained  of  it.  M^  Stanton  sent 
for  the  Indian  Sagamore  to  come  to  speake  wUi  him,  and  the 
Indian  that  is  called  Pyamikee  came,  and  the  same  Indian 
was  allwayes  owned  by  the  Indians  to  be  the  Sagamof  of 
Rounkanheige  since  wee  came  to  Stamford. 

Richard  Law. 

This  wituesseth  that  it  was  aboute  the  yeare  1647,  or  before, 
when  M^.  Stan  tons  hoggs  was  at  Stamford.  Witnes  Francis 
Bell,  <fe  Richard  Law. 

14 


106  RECORDS   OF  THE  [1654 

Stamford,  )      The  deposition  of  William  Newman,  of 

May  27th,  1654,  \  Stamford, 

The  said  depon*  vpon  oath  testifyeth,  that  an  Indian  profer- 
ring  of  sale  of  land  to  goodman  Law,  as  goodman  Law  reported 
to  the  towne,  the  towne  there  vpon  sent  goodman  Slawson  and 
him  to  Pyamikee,  the  Sagamore  of  the  said  land,  (as  an  Indian 
reported.)  When  to  Piamikee  then  they  came,  he  sent  an 
Indian  w*h  us  to  show  vs  the  land ;  when  wee  saw  it  lying  by 
Norwalke  riuer  wee  returned  home  againe  and  went  not  to 
Piamikee  againe  aboute  the  same ;  the  towne  hearing  from  vs 
how  the  land  laye  would  not  buy  it  because  it  would  prejudice 
Norwalke. 

George  Slawson  vpon  oath  testifyed  what  is  written  aboue, 
May  the  31'^'»,  1654,  in  y^  presence  of  Theophilus  Eaton. 

[69]  Stamford,  3  M":  2T,  1654. 

The  testimony  of  Jeremiah  Jaggar  vpon  oath,  he  saith  he 
being  at  M"".  Wards  house,  there  was  4  or  5  Indians  w^h  M' 
Ward  and  goodman  Law,  and  hee  heard  an  Indian  (Piamikee) 
say,  he  would  giue  a  pcell  of  land  to  Richard  Law  and  M  . 
Ward,  &  the  land  lay  betweene  pine  brooke  and  fine  mile 
brooke,  and  the  Indians  that  were  there  did  say  that  Piamikee 
was  now  the  sagamore  of  Ronkenhegue,  and  that  the  said 
Piamikee  said  he  came  w'h  the  consent  of  all  the  sagamors 
that  were  betweene  vs  and  Sagatuck,  and  he  did  now  resigne 
vp  all  the  land  from  pine  brooke  to  hue  mile  brooke  for  ours, 
onely  the  Indians  would  not  haue  the  English  l^uild  houses 
there,  because  the  cattell  and  hoggs  would  spoyle  their  corne. 
The  English  did  grant  that  they  would  not,  and  that  the  saga- 
more did  receiue  a  coate  w'h  some  tobaco  at  the  same  time, 
and  the  sagamore  said  he  would  not  sell  the  land,  but  giue  it, 
and  desired  nothing  but  to  buy  a  coate  a  litle  cheaper  then 
ordinary.  All  the  Indians  said,  that  all  that  they  desired  was 
if  wee  would  be  frends  to  them,  for  the  Indians  to  y^  westward 
came  vpon  them  and  tooke  away  their  squaes  &  chilldren,  and 
that  the  Indians  intreated  the  English  advice  what  to  doe  in 
redeeming  of  their  women  againe,  and  that  the  Indians  would 
doe  nothing  w'hout  the  advice  of  the  English. 

This  testifyed  before  me,  Richard  Law. 

Another  there  is,  but  some  of  it  was  torne  of,  but  so  much 
as  is  leigable  is  as  followeth, 

damag  done  in  y^  Indians  corne  w^li  oxen,  as  much 
as  was  judged  thirty  bushells.  Francis  Bell  and  Richard 
Law  make  an  agreem'^  w^i  the  Indians  for  twelue  bushell  & 
a  halfe  of  Indian  corne,  and  two  bushell  &  halfe  of  pease, 


1654]  JUEISDICTION  OF  NEW   HAVEN.  107 

wee  deliiiered  the  corue,  and  the  pease  were  all  satisfyed, 
witiies  my  hand,  the  marke  of  the  sachem  Piamikee,  now 
called  Resolute. 

Resolute,  his  )      marke. 

~1 
That  the  satisfaction  w'^hin  expressed  was  giuen  to  Piamikee 
for  damage  in  corne  and  by  him  receiued  as  was  formerly 
agreed,  was  vpon  oath  testified  by  Richard  Law  and  Francis 
Bell,  the  ol^^  of  May,  lGo-1,  and  that  the  marke  w'^hin  was 
made  by  Piamikee  at  the  same  time,  was  testifyed  vpon  oath 
by  Richard  Law. 

Before  me,       Theophilus  Eaton. 


[70]     At  a  Generall  Court  held  at  Newhauen  for  the 

Jurisdiction,  the  23tii  op  June,  1654. 

Present. 

Mag-istrats. 

Theophilus  Eaton,  Esq^  Gouernor. 

M^  Step!' 


Francis  Newman 


M"".  Samuel  Eaton 

M'  Benja:  Fenn,  for  Milford. 

Deputies. 
Mr.  Gibbard 


for  Newhauen. 


.  New  Haven. 
Henry  Lindon, 

Robert  Treate,    j  ^^.^^^^^^^ 

Thomas  Welch,  ) 

Mf.  Chittendine,  Guilford. 

M' Crane,     )  ^,^,,,1^,^. 

Law:  Ward.  ) 
The  Gouerno"'  acquainted  the  court  wUi   some  letters  he 
had  receivd  from  M'.  Leete,  from  Boston,  informing  that  the 
designe  against  ye  Duch  is  like  to  goe  on,*  and  that  they  haue 

*  Major  Robert  Sedgwick  and  Capt.  John  Leverett,  commissioners  from  Cromwell 
to  the  four  colonies,  for  the  purpose  of  uniting  them  in  hostile  demonstrations  against 
the  "  Dutch  on  Hudsons  River  and  at  the  Manhatoes,"  met  the  commissioners  from  the 
colonies  of  Connecticut  and  New  Haven,  at  Charles  Town,  June  seventeenth,  1654. 


108  RECORDS   OP  THE  [1654 

agreed  vpon  numbers  of  men,  w'^li  is  at  least  800,  (if  more 
come  in,  it  will  be  acceptable,)  W=h  is  300  volunteers  from  y^ 
Massachusts,  200  from  y^  sliipps,  200  from  Connecticote  and 
133  from  this  colony,  w<=h  the  court  must  now  agree  to  raise 
in  equall  pportions ;  which  was  done  as  foil, — from  Newhauen 
50,  from  Milford  21,  from  Guilford  17,  from  Stamford  20, 
from  Southold  14,  from  Brandford,*  Newhaven  and  Millford 
hauing  one  or  two  less  in  pportion  then  the  rest,  because  of 
seamen  that  are  to  goe  from  thence,  w^h  if  not  pvided  for  will 
put  them  aboue  their  proportion.  Of  w^h  133,  these  officers 
were  chosen,  Leiutennant  Seely,  captaine;  Leiutennant  Nash, 
leiutennant;  Richard  Baldwin,  of  Milford,  ensigne;  Serjant 
Munson,  Serjant  Whithead,  Serja:  Tibballs  of  Milford,  & 
Serja:  Bartlet  of  Guilford,  serjants ;  Robert  Basset  cheife 
drumer,  &  Anthony  Elcot  to  be  vnder  him;  M^.  Augar  &  Jn^ 
Brocket  surgions;  and  M^  Peircon  is  chosen  and  appointed 
to  goe  along  w^h  this  company  as  their  minister,  for  their 
incouragm*,  spirituall  instruction  and  comfort;  and  the  cor- 

Massachusetts  and  Pl3^mouth  had  likewise  been  notified,  but  the  former  had  only- 
granted  leave  to  raise  within  their  jurisdiction  to  the  number  of  500  volunteers,  pro 
vided  the  persons  were  free  from  legal  engagements.  Plymouth  had  sent  two  agents 
who  signified  her  willingness  to  fall  in  with  the  design,  but  not  having  been  duly 
empowered  to  enter  into  a  special  treaty  they  had  returned  home  for  the  requisite 
instructions  and  authority. 

Under  these  circumstances,  the  two  commissioners  for  Cromwell,  Major  John  Mason 
and  Capt.  John  Culhck  for  Connecticut,  with  Mr.  Leete  and  Mr.  Jordan  for  New 
Haven,  "  considering  the  necessity  of  expedition  in  that  undertaking,  did  agree  to  sit 
as  a  council  and  proceeded  to  ti-eaty."  They  found  on  enquiry  that  not  more  than 
300  men  could  be  relied  on  from  Mass.,  and  considering  that  as  yet  it  was  uncertain 
how  many  Plymouth  would  supply,  the  commissioners  for  Connecticut  and  New 
Haven  agreed  with  the  rest  to  undertake  the  work  with  such  force  by  sea  and  land  as 
were  in  view,  if  no  more  coiild  be  procured;  hoping  that  (although  the  number  should 
not  rise  to  such  a  full  or  competent  fitness  for  such  an  expedition  as  were  to  be  desired, 
yet)  we  may  rest  upon  the  Lord  for  the  blessing  of  success,  when  as  he  now  calls  to  the 
work  and  doth  deny  further  means  of  help. 

On  the  20th  of  June,  the  commissioners  who  were  still  in  session,  at  Boston,  received 
intelligence  that  a  competent  force  was  in  readiness,  and  on  the  same  day  was  brought 
to  them  a  printed  proclamation  announcing  that  peace  had  been  concluded  between 
England  and  the  United  Provinces  on  the  5th  of  April.  On  this  the  commissioners 
agreed  and  declared,  that  as  they  began  and  have  proceeded  in  comphance  with  their 
native  countrj'  and  in  obedience  to  his  liighness>letters  and  commendation,  so  in  like 
observance  and  compliance  with  the  same  authority  they  desist. 

Thurioe,  St.  P.  ii.  419.    Rec.  of  Mass.  and  Coun. 

*  The  number  of  men  to  be  funiished  by  Branford,  eleven,  to  make  up  the  133, 
appears  to  have  been  inadvertently  omitted  on  the  record. 


1654]  JURISDICTION   OF  NEW   HAVEN.  109 

poralls  are  Corporall  Boykine,  John  Coopr,  Henry  Botsford 
of  Millford,  and  Thomas  Steuens  of  Guilford,  but  this  last  is 
onely  for  this  present  service,  and  that  he  pceede  no  higher  in 
any  other  office,  because  he  is  not  a  free-man,  and  that  the 
cheife  millitary  officer  be  acquainted  w^h  it. 

The  Court  considering  the  great  weight  of  this  buisnes,  and 
that  all  good  success  depends  vpon  Gods  blessing,  did  there- 
fore order,  that  the  4ti>  day  of  the  next  weeke  shall  be  set 
apart  by  all  the  plantations  in  this  jurisdiction,  to  seeke  God 
in  an  extraordinary  way,  in  fasting  &  praire  for  a  blessing 
vpon  the  enterprise  abroade,  and  for  the  safety  of  the  planta- 
tions at  home. 

The  Court  considered  of  what  provissions  were  necessary  to 
send  forth  w^li  these  men  for  a  moneth,  and  agreed  vpon  6 
tunn  of  beare,  6  thousand  of  biskit,  9  bar:  of  porke,  6  bar:  of 
beefe,  4  hogsheads  of  pease,  3  hogsheads  of  flower,  6  firkins  of 
butter,  5  hundered  of  cheese,  3  ancors  of  liqours ;  trayes, 
dishes  or  kans,  pailes,  kettles,  and  that  euery  man  haue  a 
good  fire  lock  muskit,  w^i  other  armes  suitable,  a  knapsacke 
w^h  11  of  por  and  24  muskit  bullits  or  4'  of  pistoll  shott ;  & 
for  a  stock  beside,  in  the  whole  two  bar:  of  powder,  3  hunderd 
weight  of  muskit  bullits  &  1  C.  of  pistoll  shott,  wi^h  twenty 
spads  &  shouells,  ten  axes  and  ten  mattockes,  from  each 
towne  a  pportion,  onely  for  the  present  the  court  agreed  to 
send  but  3  tun  of  beare,  3  thousand  of  of  biskit,  5  bar:  porke, 
3  bar:  beefe,  2  hogsh.  pease  &  2  of  flower,  3  fir.  of  butter,  3  C. 
of  cheese,  1  ancor  or  two  of  liqours,  and  the  full  pportion  of 
amunition  as  before. 

[71]  II  It  is  ordered  that  the  charges  of  souldiors,  horse  or 
foote,  whereeuer  provided  for,  it  shall  be  at  y^  jurisdiction 
charge  in  equall  pportions. 

It  is  ordered  that  the  magistrats  and  deputies  at  Newhauen 
shall  bee  a  comittee  to  order  matters  w^h  concernes  this 
designe,  but  cannot  now  bee  foreseene,  as  occasions  present, 
and  what  the  doe  is  to  stand  good  as  if  the  court  did  it. 

It  is  ordered,  that  Johnsons  lyghter  shall  be  pressed  to 
attend  the  service,  for  transporting  of  men  or  provissions  as 
there  is  occasions. 


110  RECORDS   OF  THE  [1654 

It  is  ordered,  that  all  vessells  W^h  come  into  any  harbour  in 
this  jurisdict.,  w'=h  may  be  fitt  to  attend  this  service,  shall  be 
made  stay  of  for  y^  same,  on  behalfe  of  y^  Comon  wealth  of 
England,  till  further  order. 

It  is  ordered,  that  as  soone  as  the  army  is  past,  watching 
and  warding  shall  begine  in  an  extraordinary  way,  as  may 
suit  w'li  euery  townes  conveniency  and  safety,  and  then  all 
Indians  are  to  be  restrained  from  comeing  into  any  of  our 
plantations  wUiout  leaue. 


At  a  Generall  Court  held  at  Newhauen  for  the  Juris- 
diction July  5*^,  165-1. 
Present, 
Magistrats. 
Theophilus  Eaton,  Esq'',  Gouerno^ 
M"".  Stephen  Goodyeare,  Dept  Gou'. 
Francis  Newman      )  Newhauen. 


M'  Samuell  Eaton, 
My.  Benja:  Fenn,  —  Milford. 
M^  William  Leete,  —  Guilford. 
Deputies. 

Mr.  William  Gibbard,  Newhaven. 

Henry  Lindon, 

Robert  Treate,    )    j^.^^  ^,^_ 

Thomas  Welch,  S 

Leiutent  Chittendine,  )  p   --.^    -, 

W.  Tho:  Jordan, 

Rich:  Law, 


^        .-on.  Stamford. 
Francis  Bell, 

M"".  Crane,    )  ^       «    i 
w     1      Branford. 
Law:  Ward,  ) 

The  Gouerno'"  informed  the  court  that  there  were  w^h  him 
this  day  since  dinner,  two  men,  sent  as  messengers  from  the 
Dutch  gouernor,  to  inquire  of  the  truth  of  y^  peace  w^h  they 


1654]  JURISDICTION   OP  NEW   HAVEN.  Ill 

heare  (by  report)  is  concluded  beetwixt  England  and  Holland, 
who  desired  that  two  or  three  lines  might  be  sent  to  certify  the 
same,  w<^h  the  court  desired  y^  gouernor  to  doe,  and  ordered 
that  a  copie  of  y^  proclamation  should  be  sent  also ;  both  w^h 
were  presently  done,  and  the  messengers  dismissed. 

The  Gouernor  read  to  y^  court  a  letter  he  hath  lately 
receiued  from  the  Massachusets  generall  court,  in  answer  to 
ye  letter  sent  from  this  court  in  Nouember  last,  and  an  answer 
to  the  same  was  read  also,  approved  and  ordered  to  be  sent 
to  Connecticote,  that  they  may  subscribe  if  they  thinke  meete, 
and  so  sent  by  a  messengr  on  purpose  to  Plymouth^  that  they 
may  subscribe  also  if  they  approve  thereof,  but  if  they  approve 
not,  or  cannot  giue  answer  quickly,  they  are  to  be  desired  to 
scale  it,  and  dissmiss  the  messenger  to  goe  to  the  Massachusets 
and  cary  it  to  y"  gouernor  there,  and  desire  the  answer  of  their 
generall  court  or  councill ;  but  if  it  cannot  be  obtayned  w^hout 
much  delay,  then  to  returne  w^h  such  answer  as  they  can  gitt. 
And  if  vpon  the  pvsuall  of  this  letter,  Connecticote  generall 
court  agree  not,  but  refuse  or  alter  from  it,  then  it  is  left  to 
the  magistrats  &  the  two  deputies  at  Newhaven  to  consider 
what  answer  to  send.  W<=h  letter  and  answer  are  entred  in 
the  close  of  this  court. 

[72]  II  It  was  propounded  to  know  whether  this  court  will 
chuse  commission^'s  to  meete  at  Hartford  at  y^  time  appointed, 
seeing  they  heare  that  two  of  the  other  colonies  haue  chosen 
&  intend  to  send. 

The  Court,  haueing  found  such  ill  fruit  from  y^  Massachu- 
sets of  y^  two  former  meetings,  are  discouraged  to  send,  yet 
that  they  might  shew  themselues  followers  of  peace,  and  that 
they  earnestly  desire  to  continew  their  confederation  vpon  the 
termes  it  first  began  and  for  sundrie  yeares  hath  bine  caried 
on,  did  agree  and  chose  the  gouernC  and  Francis  Newman 
comissionrs  for  ye  yeare  ensuing,  and  pticularly  for  ye  next 
meeting  at  Hartford,  if  it  hold;  and  M^.  Leete  and  M^.  Good- 
yeare  are  chosen  to  supply,  if  y^  providence  of  God  order  it  so 
that  one  or  both  of  ye  other  should  be  hindered ;  but  w^h  this 
direction  from  ye  court,  that  if  the  minde  of  ye  Massachusets 
remaine  as  they  haue  formerly  declared,  w^h  hath  made  ye 


112  RECORDS  OP  THE  [1654 

other  three  colonies  looke  vpoii  y^  confederation  as  broaken 
by  the  Massachusets,  they  conceive  their  can  be  no  fruit  of 
their  meeting  but  onely  to  consider  y^  ll'i'  Article,  and  require 
such  satisfaction  from  the  delinquent  colonic  as  they  shall 
judg  meete;  but  not  being  willing  to  tye  their  hands,  not 
knowing  what  may  fall  out,  they  leaue  it  to  the  discretion  of 
their  comission''s  to  act  as  they  shall  see  cause  in  any  further 
buisnes  concerning  j^  confederation. 

The  Court  desired  the  gouernor  to  wright  an  answer  to  y^ 
Lord  Protectors  letter,  in  the  name  of  this  court,  and  send  to 
him,  as  also  a  letter  to  the  corporation,  in  answer  to  theirs 
now  sent  to  this  court,  in  w^h  answer  they  desire  their  willing- 
ness to  hold  the  confederation  may  be  exp^'ssed,  and  the  close 
thereof  to  be  to  such  purpose  as  in  y^  close  of  the  letter  now 
ordered  to  be  sent  to  y«  Massachusets,  yet  refferring  to  a  more 
full  answer  to  be  sent  afterwards,  when  it  is  scene  what  the 
comission''s  doe  at  their  next  meeting,  if  ye  case  require  it. 

The  Court  considering  the  peace  now  concluded  betwixt 
England  and  Holland,  and  that  all  acts  of  hostillitie  are  to 
cease  betwixt  those  two  nations,  and  so  vpon  that  ground  the 
intended  warr  w'h  the  Dutch  here  ceaseth  also,  did  order  that 
all  those  lawes  and  orders  w^h  haue  bine  made  aboute  stop- 
ping provissions,  prohibbitting  trade  w*h  the  Dutch,  aboute 
keeping  horses  in  each  towne  for  publique  service,  traynings 
vpon  this  occasion,  or  other  orders  w°h  depend  vpon  the  said 
warr,  shall  be  now  repealed. 

A  letter  was  now  by  order  of  this  court  sent  to  the  Sweeds 
at  Delaware  Bay,  informing  them  of  the  proprietie  w^h  some 
in  this  colony  haue  to  large  tracts  of  land  on  both  sides  of 
Delaware  Bay  &  River,  and  desiring  a  neighbourly  correspond- 
ency w'h  them,  both  in  tradeing  and  planting  there,  and  an 
answer  hereof,  <fec. 

The  letter  from  1/'  Massachusets  Gen:  Court. 

Honc^'J  Gent.  Wee  receiued  yo""  answer  to  our  faire  and 
equitable  pposition  of  a  conferrence,  judged  by  vs  a  meete 
expedient  to  bcgett  a  right  vnderstanding  of  those  things 
w'^h  haue  bine  in  debate  betweene  vs,  Init  instead  of  a  con- 
currance  w^h  vs  therein,  w^h  wee  expected  would  haue  bine 


1654]  JURISDICTION   OP   NEW   HAVEN.  118 

readily  attended,  wee  fiiide  little  but  complaints  against  vs 
and  a  continewed  insisting  vpon  yo''  first  assertions,  concern- 
ing w^li  wee  doe  purposely  decline  debate  by  wrighting,  liaue- 
ing  wearied  ourselues  by  that  course  w^li  the  comissioji's 
[73]  II  at  their  last  meeting,  and  though  it  be  greiuous  to  vs 
that  a  differrence  of  this  nature  should  remainc  vndecided,  yet 
hauing  vsed  our  vtmost  indeauours,  wee  doubt  not  but  to  finde 
rest  in  the  injoyment  of  our  owne  apprehensions,  and  to  free 
ourselues  from  the  vnjust  imputation  of  the  breach  of  covenant, 
sufficiently  intimated  and  charged,  especially  in  our  counsells 
denying  to  raise  forces  agst  Ninnigret,  according  to  ye  vote  of 
ye  comission''s,  wUiout  alleading  any  thing  in  y^  comission'"s 
determinations  to  be  vnjust. 
To  w^h  wee  answer, 

1.  The  counsell  judged  it  not  necessary  to  prepossess  y 
seuerall  colonies,  our  confederats,  w*h  the  reasons  of  that  act, 
but  to  leaue  them  free  to  their  owne  reason,  w^h  they  had  no 
cause  to  imagine  to  be  dissonant  from  that  act  till  they  many- 
fest  the  same. 

2.  Though  the  colonies  haue  declared  their  dissatisfaction 
to  ye  act  of  the  counsell,  yet  let  vs  say,  they  haue  bine  as  silent 
in  asserting  the  justice  of  ye  comission^s  determination  as  ye 
act  of  ye  counsell  ye  contrary. 

3.  The  colonies  ground  their  offence  vpon  our  counsells  not 
acting  as  the  comissionrs  determined.  The  counsell  dares  not 
act,  because  vpon  pvsall  and  serious  consideration  of  all  ye 
motives  presented  by  the  comission'"s,  the  saw  not  ground  of 
warr. 

4.  You  may  please  to  conceiue  that  the  omission  of  ye 
reasons  (in  ye  vote  of  ye  counsell)  to  render  ye  comissionrs 
determinations  vnjust  in  their  denying  to  raise  forces  against 
Ninnigret,  might  candidly  bee  interpreted  a  civillity  to  ye 
coraission>"s  in  refferrence  to  their  honour,  so  farr  as  might 
consist  w^h  our  peace,  and  truly,  Gent'",  it  would  be  no  offence 
to  vs  to  meete  w'h  ye  like  returnes. 

The  ground  of  ye  warr  is  declared  to  be  Ninnigrets  invasion 
and  slaughter  of  some  Indians  of  Long  Island,  whom  ye  Eng- 
lish are  no  wayes  ingaged  to  protect,  according  to  ye  judgmt 
of  the  commission'"s  anno  1644.  The  English  being  therefore 
free,  there  was  no  necessitie  of  makeing  warr,  and  where 
there  is  no  necessitie  there  is  as  little  justice.  The  foundation 
of  the  comissionrs  determination  for  a  warr  thus  fayling,  wee 
conceive  the  other  alligations  in  the  declaration  of  the  coiTiis- 
sion^s  will  be  invalid  to  beare  vp  the  justice  of  their  conclu- 
sions. Wee  are  not  wanting  in  ourselues  (and  wee  doubt  not 
to  the  satisfaction  of  all  indifferrcnt  psons)  of  answers  to  y 
15 


114  EECORDS   OF   THE  [1654 

forementioned  alligations,  but  wee  omitt  them  purposely,  to 
avoyde  plixitie.  Wee  profess  ourselues  passionately  desierous 
of  the  continewance  of  our  confederacie  w*h  you,  according 
to  ye  genuine  interpretation  of  the  Articles  and  the  true  nature 
of  the  confederation,  and  that  its  a  matter  of  no  small  greife 
to  our  spirits,  (whateuer  hath  bine  charged  vpon  vs  to  j^  con- 
trary,) that  wee  cannot  attayne  a  right  vnderstanding  betwixt 
vs,  the  w^h,  yet  notw^hstanding,  wee  shall  still  waite  in  expect- 
ation for,  and  in  the  meane  time  haue  thought  meete  to  giue 
you  notice  that  our  freemen  haue  chosen  their  comissionrs, 
whom  wee  resolue  to  impower  as  formerly,  and  shall  (if  the 
Lord  will)  attend  that  worke  at  time  and  place  w'h  the  com- 
[74]  missionJ's  of  yo'"s  and  the  rest  of  y^  colonies,  ||  desiring 
to  wayte  and  rest  vpon  God  for  a  happy  and  desired  close,  to 
whose  gracious  guidance  wee  comitt  you,  ourselues  and 
affaires,  resolving  yet  to  continew  yo''  affectionate  bretheren, 
frends  and  confederats. 

The  Generall  Court  of  y*^  Massachusets. 
Boston,  13th  June,  1654. 

Edward  Rawson,  Secret. 

The  answer  to  the  foregoeing  letter. 
Much  Honoured  Gentlemen,  Yo^'s  of  the  13*^  of  June,  1654, 
as  a  reply  to  our  answer  dated  Nouem'  the  first,  1653,  wee 
received  June  27th,  w<=h  answer  of  ours  might  haue  seemed 
harsh  and  impertinent  had  it  bine  onely  giuen  to  a  faire  and 
equitable  proposition,  but  if  you  please  to  remember  how 
vncomfortably  these  colonies  and  their  comission''s  were  this 
last  yeare  exercised  by  yo""  streyned  interpretation  of  the  Arti- 
cles of  Confederation,  seconded  and  confirmed  by  yo""  counsells 
refusing  to  act  according  to  y^  agreem^  and  vote  of  seven  of  y^ 
comission'"s,  wee  conceive  you  might  well  expect  complaints; 
especially  if  you  keepe  in  minde  that  yo^selues  prepared,  and 
at  Plymouth  anno  1648,  presented  it  to  y^  comission''s  as  the 
intent  or  genuine  sense  of  the  said  articles,  that  if  any  juris- 
diction or  colonic  doe  not  submitt  and  pforme,  &c.  after  due 
admonition,  then  to  be  responsall  to  y^  rest  of  y^  colonies  for 
breach  of  league  or  covenant;  so  that  according  to  yo""  owne 
interpretation  then  giuen,  (w^h  W^h  all  the  eight  comission''s 
fully  agreed,)  this  refusall  is  a  cleere  breach  of  couenant,  and 
so  falls  vnder  the  11*^  Article,  to  be  considered  and  ordered 


1654]  JUEISDICTION   OF  NEW   HAVEN.  115 

by  the  comission'"s  of  the  other  three  jurisdictions;  but  it 
rather  exceeds  the  scope  and  compass  of  that  article,  w^h 
speakes  of  y^  breach  of  any  of  y^  articles,  whereas  yoi"  coun- 
sells  refusall,  compared  w^^h  the  foregoing  interpretation, 
seemes  to  be  a  premeditated  &  resolued  breach  of  the  whole 
confederation,  no  article  standing  in  any  force,  if  any  one  of 
j^-  gen:  courts,  or  their  counsell,  may  giue  such  interpretations 
and  make  such  refusalls ;  and  certainly  any  one  of  the  other 
gen:  courts  may  vpon  better  grounds  (according  to  right) 
expect  satisfaction  from  the  Massachusets,  for  such  a  breach, 
then  the  Massachusets  from  Plymouth  and  Newhauen,  for  the 
absence  or  late  comeing  of  their  comission^s  to  the  meeting  at 
Plymouth  1652,  being  hindered  by  such  ouerruling  provi- 
dences, as  may  more  fully  appeare  by  compareing  three 
wrightings,  yo""  order,  dated  October  19"^,  1652,  Newhavens 
declaration  or  proposition,  made  the  29'^  of  March,  1653,  and 
yo""  conclusion  or  resolution,  May  the  19th,  1653. 

But  more  pticularly,  as  the  other  colonies  haue  declared 
their  dissatisfaction  w^i  yo""  counsells  refusall,  so  they  haue 
sufficiently  asserted  the  justice  of  the  comission'"s  determina- 
tion, (against  W^h  they  heard  no  objection,)  in  affirming  that 
vpon  grounds  in  themselues  satisfying,  seuen  of  thejcomission^'s 
[75]  voted,  &c.  If  all  the  eight  ||  comissioners  should  deter- 
mine a  warr,  in  it  selfe  as  just  as  that  Israel  vndertooke  against 
Jabin,  king  of  Canaan,  yet  some  one  gen:  court,  vpon  some 
apprehension  or  respect,  (as  Reuben,  &c.,)  may  not  pfess  to 
see  light,  but  object  and  dispute  against  it.  Wee  desire  to  be 
excused  if  wee  apprehend  it  not  as  a  civility,  nor  be  taken  w^h 
such  a  pretence,  that  in  refferrence  to  the  hono^  of  the  comis- 
sion''s  any  grounds  to  prove  y^  warr  vnjust  were  then  con- 
cealed. Israelis  forementioned  warr  might  (as  against  Jabin) 
haue  bine  just  in  some  former  pt  of  those  twenty  yeares 
wherein  they  had  bine  so  oppressed  by  him,  though  it  seemes 
they  thought  it  not  necessary,  but  chose  still  to  suffer  rather 
then  to  seeke  just  liberty  w^h  further  hazard.  NotwUistand- 
ing  what  passed  at  Hartford,  anno  1614,  diners  (who  professed 
to  know  and  remember  what  agreem^s  were  made  wUi  the 
Long  Island  Indians)  did  confidently  affirme  the  English  had 


116  RECORDS   OF   THE  [1654 

covenanted  to  protect  tbem,  and  the  receiving  and  payeing 
tributt  may  rationally  imply  some  just  defence  in  such  a  case. 
Joshua  &  ye  princes  made  peace  and  a  league  w^h  y«  Gibeon- 
ites  to  let  them  Hue,  wee  read  of  no  covenant  to  protect  them 
against  the  other  kings  of  Canaan,  yet  the  honour  and  safety 
of  Israeli  being  concerned  in  it,  they  were  (w^h  incouragm* 
from  God)  defended  against  Adoni-zedecks  rage,  springing 
from  their  complyance  w^i  Israeli ;  w^h  suits  the  case  in  hand, 
the  cause  or  rise  of  Ninnigrets  quarell  against  the  Long  Island 
Indians  being  their  faithfullnes  to  and  dependance  one  y^ 
English,  as  by  the  determination  in  question  more  fully 
appeares,  but  any  express  couenant  or  ingagement  to  protect 
them  was  not  laide  as  any  stone  in  the  foundation  for  the 
warr.  So  that  for  ought  yet  appeares,  wee  may  safely  pi'sent 
and  submitt  the  comission'"s  determination  and  grounds,  as 
they  stand  vpon  record,  to  the  impartiall  &  judicious  examin- 
ation of  our  superiours  in  England.  The  foure  gen:  courts 
cannot  wUi  conveniency  meete  but  by  their  representatives  or 
comittees,  and  how  farr  they  haue  pcceded  in  those  wayes  to 
setle  a  right  vnderstanding  of  the  Articles  you  well  know. 
The  coihissionrs  were  troubled,  &  witnessed  against  yo""  inter- 
pretation, in  June,  1653,  the  two  gen:  courts  for  Connecticote 
and  Newhauen  did  seuerally  soone  after,  by  an  answer  there- 
vnto,  indeauo""  to  vindicate  the  Articles  from  so  strange  a  con- 
struction, and  in  July  they  sent  two  of  their  magistrats  and 
two  of  their  deputies  to  labour  y^  recalling  that  interpretation, 
and  setling  the  (then  shakeing)  confederation.  Lastly,  vpon 
an  earnest  and  vnfeigned  desire  to  prevent  foreseene  dangers 
and  inconveniences,  the  comission'"s  (though  vnder  some  dis- 
couragm*)  mett  againe  in  Septembr,  and  spent  divers  dayes 
in  agitations  by  wrighting  w^h  yoi'selues,  but  w'hout  any  reall 
fruit ;  so  that,  while  things  stood  thus',*  to  send  either  cofhis- 
sion's  or  comittee  could  (at  best)  but  prove  lost  labour. 

Yet,  might  the  combination,  both  in  interpretation  and 
execution,  be  againe  firmely  settled,  according  to  the  first 
intention  and  as  it  stood  for  tenii^yeares  together,  these  colo- 
nies (forgetting  what  is  past,  and  w'hout  requiring  other  satis- 
faction) could  humbly  renew  their  couenant,  freely  close  wUi 


1654] 


JUEISDICTION  OP  NEW   HAVEN. 


117 


you,  and  cheerefully  send  to  meete  yo""  comission'"s,  in  due 
manner,  time  and  place,  w«=h  wee  purpose  to  doe,  hopeing  yo"^ 
comissionrs  will  bring  w^h  them  a  cleare  and  satisfying  cirtify- 
cate  of  yo""  reality  to  continew  the  confederation,  according  to 
ye  true  and  gramatticall  sense  of  y^  articles,  whereof  wee 
desire  to  heare  by  the  first;  w<^h,  as  we  conceive,  will  tend 
much  to  y*'  hono'^  of  God,  the  stopping  the  mouthes  of  enemies, 
the  gladding  the  hearts  of  our  frends,  and  to  the  peace  and 
comfort  of  y*'  colonies.  To  the  guidance  and  grace  of  the 
wise  and  faithfull  God  wee  comend  you,  resting 

Yo""  affectionate  Bretheren  &  Frends,  the  Gen'' 11 
Court  for  Newhauen  Colonic, 

Francis  Newman,  Secretarie. 
Directed,  To  y*'  Gouerno'"  of  the  Massachusts, 

To  be  comunicated  to  y^  Gen:  Court  &  Counsell  there. 

It  was  sent  to  Connecticote  to  be  subscribed  and  dated  by 

them  and  sent  away  y^  Bay  by  Plymouth,  or  otherwise  as  they 

shall  thinke  fitt,  but  subscribed  at  Newhauen,  July  15'^,  1654. 


[76]     At  a  Generall  Court  held  at  Newhauen  for  the 

Jurisdiction,  the  23*^  of  August,  1654. 

Present, 


Magistrats. 
Theophilus  Eaton,  Escf,  Gouernof 
Francis  Newman, 
M^  Samuell  Eaton, 
M^  William  Leete, 
M^.  Benjamin  Fenn, 


Magistrats. 


Deputies. 
Mr.  Gibbard, 
Henry  Lindon. 
Robert  Treate, 
Thomas  Welch. 
Mr.  William  Chittendine, 
Mr.  Thomas  Jordan. 
Mr.  Crane, 
Lawrance  Ward. 

The  Gouernor  informed  the  court  that  the  occasion  of  calling 
them  together  at  this  time  is  some  intelligence  he  hath  had, 
first  )jy  some  Indians,  but  more  certainly  by  the  magistrats  of 
Connecticot,  Mr.  Wells  and  Mr.  Clarke,  that  Ninnigret  hath 


118  RECORDS   OP  THE  [1654 

hired  some  other  Indians,  as  Mohaukes  or  Wampeages,  to 
assist  him  in  cutting  of  y  Long  Island  Indians,  or  at  least 
those  that  wee  count  our  best  frends,  and  that  haueing  done 
that,  they  intend,  as  it  is  thought,  to  cut  of  Vncas ;  and  that 
they  thinke  it  of  such  weight  as  they  intend  to  send  Major 
Masson,  w^h  some  few  men  and  some  powder  and  lead,  for 
their  better  defence,  and  desire  that  this  colonic  would  joyne 
and  send  Leiutennant  Seely  w^h  some  men  and  powder  and 
lead  also,  for  they  thinke  it  not  safe  to  sitt  still  and  suffer 
those  Indians  w^h  are  the  English  frends  (as  some  of  the 
Long  Island  Indians  haue  showed  themselues  to  be)  to  be 
cutt  of. 

The  Court  considered  of  what  was  propounded,  and  looke 
vpon  it  as  a  matter  of  great  weight,  and  that  there  are  hazards 
on  both  sides,  for  they  are  not  willing  to  intangie  themselues  in 
the  Indians  quarrells,  not  vnderstanding  the  grounds  thereof, 
yet  would  they  doe  something,  if  it  might  be,  to  secure  them 
Indians  w'=h  are  our  frends  from  their  enemies,  and  after 
much  debate,  concluded  and  by  vote  declared,  that  they 
would  send  Leiutennant  Seely  w'^h  his  boate  to  Long  Island, 
to  the  Montaucot  Indians,  w^h  twelue  pound  of  powder  and 
aboute  thirty  pound  of  lead,  (w'^h  come  to  aboue  fifty  shillings, 
j^  payement  to  bee  considered  hereafter,)  and  w'h  him  another 
from  hence,  and  order  to  take  vp  foure  more  at  Southold,  and 
so  to  declare  to  them  Indians,  that  while  they  and  the  rest 
there  cary  it  faithfully  to  y^  English,  they  are  frends  to  them, 
and  that  they  haue  sent  them  this  powder,  &c.,  not  to  offend 
or  hurt  Ninigret,  or  any  other  Indians,  but  to  defend  them- 
selues, if  they  be  invaded ;  and  that  Leiutennant  Seely  treat 
w4i  them  Indians  and  Ninigret  or  other  invaders,  if  they 
come  while  he  is  there,  and  pswade  to  peace,  and  to  bring 
their  matters  before  the  comission''s  at  Hartford,  at  their  next 
meeting  aboute  a  fortnight  hence ;  Ijut  other  wayes  for  their 
safety  they  leaue  to  their  owne  consideration;  and  that  he 
call  at  the  Riuers  mouth  to  see  if  Major  Masson  will  goe  or 
send  men  or  amunition  w'h  him  in  pportion  to  ours,  to  the 
same  purpose,  according  to  w^h  Leiutennant  Seely  was  to 
haue  instructions  giuen  him  by  order  of  this  court. 


1654]  JUEISDICTION   OP   NEW   HAVEN.  119 

[77]  At  a  Generall  Court  held   at  Newhauen  for  the 
Jurisdiction,  the  3^  of  October,  1654. 
Present, 
Magistrals. 
Theophilus  Eaton,  Esq"",  Gouernoi". 
M"".  Stephen  Goodyeare,  Dept.  Gon'. 
M''.  Samuell  Eaton. 


.  for  Newhauen 
Francis  Newman, 

My.  Benjamin  Fenn,  for  Milford. 

M^  William  Leete,  for  Guilford. 

Deputies. 

Mr.  William  Gibbard,  1  Newhauen. 
Henry  Lindon,  ) 

Robert  Treate,  I  ^^.j^f^^,^ 
Thorn:  Welch,  ) 

Mr.  Chittendine,  )  (..^iifo^d. 
Mr.  Jordan,  ) 

Richard  Law,  \ 

-CI        •    -D  n     I  btamford. 
Francis  Bell,   ) 

Mr.  Crane,  )  p .     if  ,i 

Lawranc  Ward,   ) 

Stamford  deputies  were  acquainted  that  the  barrell  of  porke 
that  they  sent  from  Stamford,  to  helpe  to  payc  for  the  amuni- 
tion,  wanted,  in  porke  and  other  charges  to  make  it  pass,  six 
shillings  and  six  pence,  w=h  they  must  allow  to  the  juris- 
diction. 

The  conclusions  of  the  comissionrs  at  their  last  meeting  at 
Hartford  were  read  to  the  court  and  approved,  wherein  it 
app^ed  that  thirty  one  men  were  to  be  raised  in  this  colony, 
to  joyiie  w^i  the  other  colonies  vpon  a  designe  against  Ninigret, 
whereof  sixteene  were  to  be  forthw^h  sent  from  hence,  to  meete 
w^h  some  from  the  Bay  and  Connecticote,  at  Thomas  Stantons, 
the  IS'^i  instant,  for  the  takeing  away  the  Pequotts  from  Nini- 
gret &  attend  other  service,  according  to  the  comission  and 
instructions  giuen  by  the   comissionrs,  w^h  the  court  now 


120  RECORDS   OF  THE  [1654 

agreed  to  raise,  which,  w^h  two  seamen  to  cary  them  and  their 
provission  hy  water,  makes  eighteene  men,  whereof  8  are  to 
be  sent  from  Newhauen,  3  from  Millford,  3  from  Stamford,  2 
from  Gilford,  and  2  from  Brandford.  They  also  agreed  of 
pvissions  to  be  sent  for  a  moneth  as  followeth,  6  barrells  of 
beare,  5  C.  of  bread,  one  barell  of  beefe,  i  bar:  of  porke,  100> 
of  cheese,  i  barel  of  pease,  and  3  gallons  of  strong  water,  w^h 
euery  man  2ii  of  powder,  &  shot  answerable  for  a  stocke; 
beside  1'  of  po""  &  shott  answerable,  wh  every  man  is  to  cary 
w'h  him;  w*h  some  coats,  euery  man  his  knapsacke  and 
muskit,  and  other  fitt  armes  for  the  service,  6  trayes,  6  dishes, 
and  one  kettell ;  and  for  the  cheife  officer  for  this  colony  in 
this  service,  the  court  chose  Leiutennant  Seely,  and  Serjant 
Jeffery  for  serjant ;  and  the  other  fifteene  men  are  to  be  forth- 
w^h  pressed,  that  they  may  be  in  readiness  to  attend  further 
service  if  they  be  called  to  it. 

It  is  ordered  that  vpon  the  12'''  day  of  this  moneth,  being 
the  fift  day  of  the  weeke,  shall  be  a  day  of  humiliation,  to 
seeke  God  for  a  blessing  vpon  this  enterprise  in  hand. 

The  Gouernor  was  desired  to  write  a  letter  to  M^  Winthrop, 
in  ye  name  of  this  court,  to  invite  him  to  come  and  line  at 
Newhauen  if  he  doe  remoue  from  Pequott,  at  least  for  this 
winter  season. 

[78]  II  Phillip  Carwithy  and  Caleb  Carwithy  were  complained 
of  for  traueling  from  Milford  to  Newhauen  last  Saboth  day  in 
the  afternoone.  Phillip  appeared,  but  Caleb  being  sicke  could 
not,  he  answered  that  it  was  to  pursue  Charles  Taynter,  for  a 
debt  of  considerable  valew,  who  fled  from  them  from  Fairfeild 
while  they  were  treating  aboute  it,  and  they  heard  he  was 
presently  to  goe  to  Yirgenia,  and  so  they  were  in  feare  wholy 
to  lose  it,  and  that  they  indeauoured  to  get  a  horse  at  Milford 
to  come  the  afternoone  before  but  could  not,  and  they  being 
weary  wt^h  traueling  were  not  able  to  come  on  foote.  Hee 
was  told  there  was  no  such  hast  but  they  might  haue  staide 
till  the  next  day,  for  here  was  no  vessell  so  suddenly  to  goe  to 
Virgenia,  and  such  things  as  theseinust  not  be  borne  w'h,  but 
because  it  is  the  first  time,  and  that  they  apprehended  some 
danger  of  loseing  the  whole,  the  court  is  content  that  it  shall 


1654]  JUEISDICTION   OF  NEW   HAVEN.  121 

pass  w^h  an  acknowledgint  of  their  miscariage  in  y^  publique 
assembly  after  exercise,  both  here  and  at  Millford,  pvided  that 
this  bee  no  president  to  them  or  others  who  shall  be  found  in 
the  like  miscariage  hereafter. 


At  a  Court  of  Magistrats  held  at  Newhauen  for  the 
Jurisdiction,  the  18^^  op  Octobr,  1654. 

Present. 
Theophilus  Eaton,  Esq'",  Gouerno^ 
M^  Stephen  Goodyeer,  Dept.  Goii'. 
Mr.  Samuell  Eaton, 

.      .  ,  Magistrals. 

My.  Eenjamm  Fenn, 

Mr.  William  Leete, 

Goodman  Higby  of  Stratford  informed  the  court  that  he 
bought  a  boate  of  the  wife  of  Jonas  Wood  of  Southampton 
and  had  it  in  possession,  and  coming  to  Southhold  he  mctt  w'h 
Jonas  Wood  who  attached  the  boate,  and  by  order  from  the 
constable  there  had  it  deliuered  to  him,  Jonas  Wood  being 
bound  to  prosecute  his  attachment  at  this  court,  for  w^h  cause 
goodman  Higby  now  appeared,  but  Jonas  Wood  appeared  not, 
nor  any  for  him. 

But  to  proue  he  bought  the  boate,  he  presented  a  bill  of 
sale  dated  July  the  28*^^  1654,  also  a  testimony  of  Henry 
Easton  vpon  oath  before  goodman  Grove  of  Stratford,  to 
proue  that  Woods  wife  had  formerly  told  her  husband  that 
she  would  sell  the  boate  and  he  contradicted  it  not,  and  that 
she  had  sould  a  paire  of  oxen  in  his  absence,  w^h  other  goods, 
&  received  paye,  &c. 

Eichard  Mills  of  Stamford,  now  in  court,  testifyed  vpon 
oath,  that  he  had  bought  of  the  wife  of  Jonas  Wood,  (called 
Hallifax  Jonas,)  seuerall  goods  in  her  husbands  absence,  w^h 
her  husband  hath  alowed  of  and  received  pay  of  him  for  them, 
also  he  hath  bought  goods  of  the  said  Jonas,  and  in  his 
absence,  vpon  her  demand,  hee  hath  paide  her  for  them,  W^h 
he  hath  alowed  also. 
16 


122  RECORDS  OP  THE  [1654 

But  Jonas  Wood  not  being  here,  there  was  no  further  pceed- 

ing  at  present. 

[79]  II  Mr.  Linge,  atturny  for  Capt.  Silvester,  appeared  to 
answer  M^.  Leueridg  in  an  action  entered  against  him  at  the 
court  of  magistrats  in  May  last,  but  M^  Leueridg  appeared 
not,  nor  any  for  him,  wherefore  the  court  declared  the  ingag- 
ment  wherein  Capt.  Siluester  stands  bound,  to  be  voyde. 

Thomas  Stapley  of  Fairfeild  informed  the  court  that  at  the 
court  of  magistrats  in  May  last,  he  entered  an  action  against 
M'".  Ludlow  for  slandering  his  wife,  W^h.  consisted  of  three 
pticulars,  two  of  which  were  then  issued,  but  vpon  the  motion 
of  Ensign  Bryan,  then  and  now  atturny  for  M^  Ludlow,  the 
third  branch  was  respitted  to  this  court,  that  proofe  might  be 
prepared.  The  plantifF  therefore  desired  the  court  now  to 
pceede  and  issue  the  third  part,  viz*^,  M"".  Ludlow  his  charge 
at  seuerall  times  that  Thomas  Stapleys  wife  had  gon  on  in  a 
tract  of  lying.  That  he  so  charged  her  was  formerly  proued 
by  three  testimonies  vpon  oath,  w^h  were  now  read,  and 
Ensigne  Bryan  demanded  whether  hee  could  proue  against 
her  such  a  tract  of  lying,  he  answered  he  had  nothing  to  say 
in  the  case  at  present.  Wherevpon  the  court  considering  the 
nature  of  the  charge,  her  relation  to  the  church  at  Fairfeild, 
and  the  censure  such  a  tract  proved  might  haue  brought  vpon 
her,  by  way  of  sentence  ordered,  that  M^  Ludlow  paye  to 
Thomas  Stapley,  towards  y*  repairing  his  wines  name  so 
defamed,  w^h  trouble  and  charge  in  prosecuting,  the  some  of 
tenn  pounds. 

Martha,  now  the  wife  of  John  Richardson  of  Stamford, 
was  charged  w^h  fornication,  proued  by  her  being  w%  child 
some  monethes  before  marriage,  and  that  to  avoyde  or  stopp 
reproach,  her  husband  had  carried  her  to  Roxbery  in  the 
Massachusets,  where  she  was  deliuered  of  a  child  in  January 
last,  at  the  house  of  M^.  Joshua  Hughes,  W^h  child  lined 
aboute  or  aboue  a  moneth  and  then  dyed,  but  how  and  in 
what  manner,  the  court  thought  worth  inquirie.  Sundrie 
wrightings  were  also  presented  to  the  court  from  Stamford,  as 
the  examination  of  John  Richardson  and  his  wife ;  hee  confest 
his  wife  was  w^h  child  before  marriage,  that  he  knew  it,  but 


1654]  JURISDICTION  OP  NEW  HAVEN.  123 

denyed  himselfe  to  be  the  father  of  y®  child,  that  he  caried 
her  from  Stamford  to  Roxbery  before  childbearing,  to  avoyde 
the  shame ;  being  demanded  of  y^  court  at  what  time  hee  did 
marry  Martha  his  wife  now  in  question,  he  answered,  aboute 
y«  latter  end  of  wheat  harvest,  and  she  had  a  child  in  January 
folowing.  Martha  confest  her  being  w^h  child  before  marriage, 
but  boldly  affirmed  she  neither  dfd  nor  doth  know  who  was 
the  father  of  it,  she  being  taken  w^h  a  fitt  of  swooning  in  her 
masters  house  at  Stamford,  was  caried  to  bed  in  another  roome, 
but  knowes  not  by  whom,  when  she  came  to  herselfe  she  saw 
Joseph  Garnesy  in  the  roome,  and  conceives  she  had  bine 
abused  in  her  fainting  fitt,  but  knowes  not  by  whom,  onely 
Joseph  Garnesy  and  John  Ross  were  in  the  house  that  euening. 
The  examinations  and  testimonies  of  John  Ross,  goodwife 
Knapp,  goodwife  Stocke,  goodwife  Buxton,  goodwife  Webb 
and  goodwife  Emry,  were  read,  and  y^  information  of  Joseph 
Mead  her  brother  was  heard,  by  all  w^h  it  appeares  she  had 
bine  subject  to  some  fainting  &  swooning  fitts,  mixed  w^h 
[80]  some  short  distempers  of  frensy,  |1  but  w^hall  that  she 
had,  impudently  and  against  her  full  knowledg,  denyed  her 
being  or  haueing  bine  w^h  child,  after  she  had  bine  deliuered 
of  a  child  at  Roxbery. 

So  that  vpon  consideration  of  y^  case  as  presented  &  con- 
fessed, the  court  could  not  but  judg  her  guilty,  both  of  knowne 
fornication  and  continewed  impudent  lying,  beleeuing  that  no 
woman  can  be  gotten  w^h  child  w^hout  some  knowledg,  con- 
sent and  delight  in  the  acting  thereof,  and  that  she  deserves  to 
be  publiquely  and  seveerly  corrected  by  whipping,  but  consid- 
ering she  is  now  great  w^h  child,  and  according  to  testimony 
apt  to  fall  into  the  forementioned  fitts,  w^h  due  respect  to  her 
condition  they  ordered,  that  tenn  pounds  be  paid  as  a  fine  to 
the  jurisdiction  w^hin  a  yeares  time  for  her  hainous  miscariages ; 
for  the  due  payement  whereof  John  Richardson  her  husband, 
and  her  brother  Joseph  Mead,  did  before  the  court  as  sureties 
ingage,  and  entered  into  a  recognizance  of  fifty  pounds  for  y® 
same,  and  vnder  the  same  penalty  promised  and  bound  them- 
selues  that,  betwixt  this  and  the  court  of  magistrats  in  May 
next,  they  would  bring  a  satisfying  cirtifycate  from  Roxbery 


124  RECORDS   OF   THE  [1654 

concerning  yc  death  of  y^  child,  both  w^h  being  duely  pformed 
their  ingagm'  and  recognizance  are  voyd  &  discharged,  but 
till  then  stand  in  force,  and  in  ye  meane  time  if  she  duely 
acknowledg  her  sinn  and  truely  declare  who  is  y^  father  of  the 
child  the  court  will  consider  of  some  further  mittigation. 


At  a  Court  op  Magistrats  held  at  Newhauen  for  the 

Jurisdiction,  the  26*^  of  January,  1654. 

Present, 

Theophilus  Eaton,  Esq'",  Gouerno'". 

Mr.  Stephen  Goodyeere,  Dept.  Gou'. 

M^  Samuell  Eaton, 

Francis  Newman, 

M"".  Benja:  Fenn, 

M^  William  Leete. 
Lawranc  Corneliusson,  a  Duchman,  was  called  before  the 
court  and  told  that  he  is  charged  w^h  seuerall  great  mis- 
cariages  in  affronting  the  authority  set  vp  by  this  jurisdiction 
at  Milford,in  a  verey  high  degree  and  contemptuouss  manner, 
for  when  another  Duchman  who  had  bine  scandalously,  and 
for  himselfe  dangerously,  drunke,  and  ye  complainte  of  it 
brought  to  ye  magistrate  who  sent  the  marshall  for  him,  he,  the 
[81]  said  Lawranc,  answered  he  ||  should  not  come  then,  but 
when  he  listed,  wherevpon  the  marshall  returned,  but  quickly 
after  the  man  that  was  drunke  came  on  shore,  and  the  mar- 
shall seized  him  and  was  carying  of  him  before  the  magistrate, 
and  the  said  Lawrance  followed,  crying  aloude  after  the  mar- 
shall. Stay,  you  rouge.  Stay  you  rouge,  and  in  the  magistrats 
house  caried  it  w^h  high  contempt  before  all  present,  puting 
his  hand  to  his  mouth  and  pulling  it  backe  in  a  scornful! 
manner,  as  if  he  would  say,  doe  yo^  worst,  I  care  not  for  you, 
and  when  the  man  should  haue  answered  for  himselfe,  he 
interposed,  would  not  suffer  him  to^speake,  but  bid  the  deuill 
take  him  if  he  spake  a  word,  and  after  put  him  out  of  the  dore 
and  bid  him  be  gone,  and  that  none  might  follow  him  he  shut 
the  dore  and  stood  against  it,  and  did  vtter  seuerall  oathes 


1654]  JURISDICTION   OP   NEW   HAVEN.  125 

w'h  cursing  before  the  magistrate ;  then  the  magistrate  told 
him  he  must  now  stay  and  answer,  both  for  the  offender  whom 
he  had  so  rescued,  and  for  his  owne  miscariages ;  he  then  went 
away,  and  being  sent  for  in,  would  not  come,  but  said  he  would 
bee  hanged  and  drawne  first,  and  he  would  as  soone  come  before 
the  deuill  as  before  the  magistrate,  and  the  marshall  being 
comanded  to  fetch  him  in,  and  if  he  refused  to  force  him,  he 
refused  to  submitt,  and  tooke  his  knife  in  his  hand  and  held 
it  vp  and  said,  touch  him  who  durst,  and  offering  to  take  a 
sticke  to  make  resistance,  one  struck  him  and  broke  his  head ; 
so  they  brought  him  back  to  y^  magistrate,  who  repeating  his 
miscariages  to  him,  he  told  y^  magistrat  he  lyed,  though  the 
marshall  then  present  testifyed  the  truth  of  what  the  magis- 
trat said  to  his  face ;  then  he  demanded  to  see  the  law  against 
drunkenness  and  swearing,  w^h  being  read,  hee  said,  This  is 
the  law  of  man,  but  not  of  God,  and  when  the  magistrate 
comanded  the  marshall  to  take  charge  of  him,  he  would  not 
submitt  but  said,  kill  him,  hange  him,  he  would  not  goe  w^li 
him;  and  when  the  next  day  the  court  at  Milford  (hear- 
ing of  these  miscariages)  sent  for  him,  he  contemptuously 
refused  to  come  but  said,  kill  him,  hang  him,  drawe  him  wUi 
horses,  he  would  not  come,  wherefore  they  referred  it  to  y^ 
court  of  magistrats,  w^h  thing  he  also  desired ;  and  when  he 
was  gone  from  the  magistrate  lie  asked  those  that  were  aboute 
him,  whether  they  knew  the  story  of  Samsons  revenge  vpon 
the  Phillistines,  how  he  tyed  fire-brands  betwixt  the  tayles  of 
foxes  and  burnt  their  come,  and  bad  them  remember  it,  as  if 
he  thought  the  English  were  Phillistines  and  he  purposed  a 
revenge;  and  in  further  discourse  biding  them  kill,  hang  him, 
&c.,  he  added  he  would  rather  be  cast  into  the  sea  then 
buryed  at  Milford,  his  bones  should  not  be  in  Milford,  repeat- 
ing the  story  of  Joseph,  who  would  haue  his  bones  caryed  out 
of  Egipt,  as  if  Milford  were  as  Egipt  to  him;  and  to  defend 
the  Duchmans  drunkenness,  he  professed  himselfe  to  be  a 
drunkard,  and  asked  the  English  aboute  him  if  they  were  not 
so,  Haue  not  you,  and  you,  bine  drunke,  adding  that  at  the 
Mannadoes  they  were  not  punisht  for  drunkenness,  but  vsed 


126  RECORDS  OP  THE  [1654 

mercyfuU  to  vs,  and  that  was  enough;  he  asked  also  what 
witnesses  they  had  against  him,  and  when  he  was  told  they 
had  many,  he  answered,  Many  false  witnesses  came  in  against 
Christ. 

His  miscariages  being  thus  charged,  he  was  told  he  had 
libertie  to  answer  for  himselfe,  and  if  he  objected  against  the 
truth  of  any  of  the  pticulers,  proofe  was  ready.  The  testimony 
of  Samuell  Hopkins  vpon  oath  was  brought  in  writting  and 
read  to  him,  and  other  witnesses  were  come  in  pson  from  Mil- 
ford  to  testifye  his  seuerall  miscariages  vpon  oath  before  him, 
but  if  he  confest  it,  oathes  may  be  spared.  He  said  he  sub- 
mitts  to  ys  charge,  for  he  was  in  such  a  passion  as  he  remem- 
bers not  what  he  did  or  spake,  and  is  ashamed  of  it,  and  M^ 
Allerton  (whom  he  desired  might  be  ip^sent  to  speake  for  him) 
said  he  did  beleeve  they  were  all  true,  for  he  had  bine  at  Mil- 
ford  and  heard  the  thing  confirmed,  but  thinks  the  man  was 
in  such  a  passion  as  he  knowes  not  what  he  did. 

The  said  Lawrance  was  asked  if  he  had  any  occasion  given 
[82]  him  that  ||  might  cause  him  to  cary  it  thus,  he  said  no, 
but  God  left  him  &  he  is  ashamed  of  it. 

After  w'=h  the  court  considering  how  he  had  contemned  and 
trampled  vpon  authority,  disturbed  the  peace  of  the  jurisdic- 
tion, (beside  his  slighting  or  censuring  the  English,)  that  vpon 
his  earnest  suite  the  magistrats  were  now  called  from  seuerall 
plantations  at  an  vnvsuall  and  inconvenient  time  to  keepe  this 
court,  that  the  marshall  at  Milford  hath  bine  put  vpon  much 
attendance  and  vpon  two  jurnyes  from  Milford  heither,  w^h 
other  testimony,  because  he  had  here,  (beside  what  passed  at 
Milford,)  more  then  once  pemptorily  denyed  some  of  his 
charges,  and  that  the  marshall  at  Newhauen,  beside  other 
attendance,  had  bine  charged  w^h  his  diet,  lodging,  &c.,  did 
by  way  of  sentence  order,  that  Lawrance  Corneliusson  paye  as 
a  fine  to  the  jurisdiction  forty  pounds,  and  that  he  make  a  due 
and  publique  acknowledgm*  of  his  miscariages,  at  Milford 
where  they  were  comitted,  owneing  his  sinn  and  shame  for  it, 
w'^h  if  not  pformed  to  satisfaction  there,  he  is  to  be  sent  backe 
to  Newhauen  and  the  court  will  further  consider  of  it. 

The  30th  of  January,  a  petition  was  p'"sented  from  Lawrance 


1654]  JUEISDICTION  OP  NEW  HAVEN.  127 

Corneliusson,  (while  the  generall  court  was  sitting,)  wherein 
hee  ownes  his  fayling  in  seuerall  pticnlers,  w^h  a  desire  that 
both  God  and  man  would  pass  it  by,  acknowledgeth  the  fauour 
of  the  court,  and  desires  a  continewation  of  j^  same,  mentions 
much  loss  he  hath  received  vpon  his  vessell  and  in  his  goods, 
beside  the  charge  of  his  family  w^h  is  greate,  by  w^h  meanes 
he  is  at  pi'sent  disabled  to  make  payem^  of  the  fine  of  forty 
pounds  imposed  vpon  him,  and  therefore  desires  the  court  to 
order  a  mittigation  as  they  shall  see  meete ;  vpon  consideration 
whereof,  the  court  saw  cause  to  order,  that  ten  pounds  shall 
be  abated  and  but  thirty  pounds  remaine,  w^h  vpon  M^  AUer- 
tons  request  was  agreed  to  be  forborne  three  monethes,  the  said 
M^  Isack  Allerton  senio""  ingageing  before  the  court,  that 
w'hin  three  monethes  from  this  time  the  said  thirty  pounds 
shall  be  paide  to  this  jurisdiction. 


[83]  At  a  Geneeall  Court  held  at  Newhauen  for  the 
Jurisdiction,  the  30'^'  of  January,  1654. 
Present. 
Magistrals. 
Theophilus  Eaton,  Esq"",  Gouerno''. 
M'.  Stephen  Goodyeare,  Dpt.  Gou'. 
Mr.  Samuell  Eaton,   j  Newhauen. 
Francis  Newman,       ) 
Mr.  Benjamin  Fenn,  Milford. 
Mr.  William  Leete,  Guilford. 

Deputies. 
Mr.  William  Gibbard,)j^^^l^^^^^^ 
Henry  Lindon,  ) 

Robert  Treat,     |  Milford. 
Thomas  Welch,  ) 

Mr.  Chittendine,   j  ^^iiford. 
George  Hubbard,  ) 

Mr.  Crane,  }  Brandford. 

Lawranc  Ward, 


128  RECORDS  OF  THE  [1664 

A  petition  was  presented  to  the  court  by  Leiutennant  Seely, 
to  desire  the  court  to  consider  that  he  had-«uffered  much  loss 
by  beeing  called  to  attend  the  service  of  the  jurisdiction,  in  the 
designe  intended  against  the  Duch  in  the  yeares  1653  &  1654, 
both  fayling  as  they  know,  he  was  disappointed,  though  hee 
had  left  his  other  occasions  to  attend  there vpon.  The  court 
considered  of  what  was  propounded,  and  though  they  did  not 
absolutely  require  his  attendance  therevpon,  specially  to  y^ 
former,  but  propounded  the  case  to  him,  though  in  the  latter 
they  sent  for  him,  yet  that  they  might  incourrage  him  in  any 
service  this  way,  they  are  willing  to  alow  him  fine  pounds,  w^h 
they  ordered  to  receive  of  y^'  jurisdiction  treasurer. 

John  Tompson  and  Humphery  Spining  propounded  for 
satisfaction  for  themselues  and  boate  for  the  voyage  to  the 
Narragansets,  vpon  w^h  they  were,  from  the  time  they  were 
pressed  till  they  returned  and  were  freed  here,  thirty  dayes, 
for  w^h  they  require  eight  pounds,  and  six  and  thirty  shillings 
two  pence  for  damage  they  received  in  aples  w^h  they  had 
loaden  to  cary  to  Longe  Island,  and  ten  shillings  for  two  pare 
of  shooes  w<=h  two  of  Stamford  souldiours  had.  The  court 
told  them  they  might  haue  made  a  voyage  to  Guilford  l>efore 
they  went,  and  haue  eased  the  charge.  They  answered  their 
boate  wanted  some  mending  to  fitt  it  for  the  intended  voyage, 
though  she  was  sufficient  for  their  occasions  to  the  Island,  and 
after  she  was  mended  the  winde  was  against  them.  They 
were  told  that  while  they  lay  here  on  shore  before  they  went, 
w^h  was  nine  or  ten  dayes,  the  court  thinkes  halfe  paye  suffi- 
cient, but  that  they  may  incourage  them  or  any  other  whom 
the  jurisdiction  imployes,  they  shall  onely  abate  them  of  what 
they  demand  fifteene  shillings,  for  two  dayes  while  their  boate 
was  a  mending,  and  ordered  that  they  should  receive  for  them- 
selues &  boate  in  the  service,  w'li  the  loss  in  their  aples  and 
for  the  shooes,  nine  pounds  &  fifteene  shillings. 

A  petition  was  p^sented  by  Thomas  Munson  and  Coopr  of 
Newhauen,  on  behalfe  of  a  company  of  persons  intending  a 
remoue  to  Delaware  Bay,*  wherein  they  propound,  that  for 

*  At  a  General  Court  for  the  town  of  New  Haven  November  2,  1654,  the  governor 
read  a  letter  he  wrote  on  the  6th  of  July,  by  order  of  the  general  court,  to  the  Sweeds 


1654]  JURISDICTION    OP   NEW   HAVEN.  129 

the  inlargment  of  the  kingdome  of  Christ,  the  spreading  of  the 
gospell,  and  the  good  of  posteritie  therein,  that  they  may  line 
vnder  the  wings  of  Christ,  they  would  afford  some  incourrag- 
ment  to  help  forward  so  publique  a  worke. 

1.  That  two  magistrats,  M"".  Samuell  Eaton  and  Mr.  Francis 
Newman,  may  haue  libertie  from  this  court  to  goe  in  person 
at  first,  and  in  case  they  see  not  themselues  called  to  lay  out 
[84]  so  much  of  their  estate  ||  as  is  like  to  be  disbursed  in 
such  an  vndertakeing,  that  then  it  would  please  the  court  that 
out  of  the  jurisdiction  they  may  be  honnourably  provided  for, 
as  men  that  are  willing  to  lay  out  themselues  for  the  publique 
good. 

2.  In  case  that  there  be  an  vndertakeing,  they  that  goe  may 
at  first  goe  vnder  the  protection  of  this  jurisdiction,  and  that 
in  case  of  any  affront  the  jurisdiction  will  ingage  to  assist,  till 
by  the  blessing  of  God  they  may  be  able  of  themselues  to  set 

governor,  with  his  answer  in  Latin,  dated  August  1st,  and  the  answer  of  the  commis- 
sioners to  that,  dated  Sept.  23d.  At  the  same  time  he  informed  them  that  while 
attending  the  meeting  of  the  commissioners  at  Hartford,  several  had  spoken  with  him 
in  reference  to  settling  at  Delaware  Bay,  if  it  might  be  planted.  The  town  was  desired 
to  consider  which  way  it  may  be  carried  on.  After  much  debate  about  it,  and  scarce 
any  manifesting  their  willingness  to  go  at  present,  a  committee  was  chosen,  viz.  Robert 
Seely,  William  Davis,  Thomas  Munson  and  Thomas  Jefiery,  to  whom  any  that  are 
willing  to  go  may  repair  to  be  taken  notice  of,  and  that  if  there  be  cause  they  ti-eat 
with  those  of  New  Haven  who  have  purchased  those  lands,  to  know  what  considera- 
tion they  expect  for  them. 

On  the  27th  of  November  the  committee  reported  that  they  had  spoken  with  sun- 
dry persons  in  the  towne,  but  that  not  answering  expectation,  they  got  a  meeting  of 
the  brethren  and  neighbors,  and  for  the  most  part  they  were  willing  to  help  forward 
the  work,  some  in  person,  others  in  estate,  so  the  work  might  be  carried  on  and  founda- 
tion laid  according  to  God;  and  at  that  meeting  they  desired  that  the  governor  and 
one  of  the  magistrates,  with  one  or  both  the  elders,  might  by  their  persons  help  for- 
ward that  work,  whereupon  they  had  a  church  meeting,  and  propounded  their  desire. 
The  elders  declared  they  were  willing  to  further  the  work  and  glad  it  was  in 
hand,  but  Mr.  Davenport  said,  in  reference  to  his  health  he  sees  not  his  way  clear  to 
engage  in  it  in  person,  nor  Mr.  Hooke,  because  his  wife  is  gone  for  England,  and  he 
knows  not  how  God  will  dispose  of  her.  The  governor  gave  no  positive  answer,  but 
said  it  was  worthy  of  consideration. 

They  further  informed  that  some  from  other  plantations  see  a  need  of  the  work  and 
are  wiUing  to  engage  in  it,  and  the  rather  if  it  be  begun  by  New  Haven,  and  founda- 
tions laid  as  here  and  government  so  carried  on,  thinking  it  will  be  for  the  good  of 
them  and  their  posterity. 

They  also  declared  that  they  had  treated  with  the  proprietors  about  the  purchase  of 
the  land,  and  understand  that  they  are  out  above  six  hundred  pounds,  but  are  willing 
to  take  three  hundred  pounds,  to  be  paid  in  four  years. 

It  was  propounded  to  Mr.  Samuel  Eaton  and  Mr.  Francis  Newman  to  go  with  the 
company,  who  took  the  matter  into  consideration,  and  on  the  11th  of  December,  signi- 
fied their  conditional  assent.  New  Haven  Town  Records,  ii.  158,  160. 

17 


130  RECORDS   OF   THE  [1654 

vp  a  Comon  wealth  according  to  the  fundamentalls  for  gouermt 
laid  at  Newhauen. 

3.  That  seeing  our  numbers  are  yet  small,  aboute  or  betwixt 
50  and  sixty,  wee  desire  the  court  to  consider  what  number 
they  thinke  may  be  a  competent  number,  that  wee  may  serue 
Gods  pvidence  and  yet  not  let  the  worke  fall  for  want  of  too 
great  a  number. 

4.  That  two  great  gunns  and  powder  and  what  belongs  to 
them  might  be  granted. 

5.  Seeing  that  most  that  haue  purposes  to  goo  doe  onely  for 
publique  respects  vndertake,  and  not  for  any  need  at  present, 
and  therevpon  doe  leaue  their  houses  and  land  w^hout  that 
improvement  that  they  themselucs  did  make,  they  desire  that 
for  some  time,  as  the  court  shall  thinke  meete,  they  may  be 
freed  from  rates  and  publique  charges. 

6.  Seeing  that  they  whose  hearts  God  stirs  vp  to  vndertake 
at  first,  are  men  for  the  generall  of  no  great  estates,  and  some 
cannot  goe  wUiout  help,  wee  desire  that  a  some  of  money  may 
be  raised  in  this  jurisdiction,  w«=h  may  be  imployed,  either  to 
buy  a  small  vessell  that  may  attend  the  service,  or  otherwise, 
as  shall  be  thought  meete.  Now  that  w*^h  occasions  this  last 
is  not  onely  the  sense  of  the  great  expence  and  charge  at  first, 
and  the  present  need  that  some  haue  now,  but  also  wee  haue 
heard  from  sundrie,  that  generally  men  are  willing  to  help  on 
the  worke,  either  by  psons  or  estats.  Thus  beging  pardon  for 
our  bouldness,  and  humbly  desire  to  comitt  all  yo''  consulta- 
tions vnto  the  direction  of  the  God  of  wisdome,  and  so  remaine, 

Newhauen  the  30^^  Yo^'s  to  be  comanded, 

of  the  ll^'i  moneth,  1654.  John  Cooper, 

Thomas  Munson, 

in  ye  behalfe  of  the  rest. 

To  w<=h  the  Court  returned, 

That  hauing  read  and  considered  a  papr  of  some  propositions 
presented  by  Thomas  Munson  and  John  Cooper  of  Newhauen, 
in  the  name  and  behalfe  of  sundrie  psons  of  this  jurisdiction 
and  elswhere,  appearing  as  vndertaker  for  the  first  planting  of 
Delaware,  in  order  to  y^  publique  good  of  this  jurisdiction  and 
the  inlargment  and  further  advancment  of  the  kingdome  of 
Christ  in  these  parts,  doe  returne  in  answer  as  followeth. 

1.  That  they  are  willing  so  farr  to  deny  themselues  for  the 
furtherance  of  that  worke  in  order  to  the  ends  propounded,  as 
to  grant  libertie  to  one  or  both  of  those  magistrats  mentioned 
to  goe  alonge  w'^h  them,  who,  w4i  such  other  fitt  psons  as  this 


1654]  JURISDICTION   OF   NEW   HAVEN.  131 

court  shall  see  meete  to  joyne  w^h  them,  may  be  impowered  for 
mannaging  of  all  matters  of  civill  gouermeiit  there,  according 
to  such  coraissioii  as  shall  be  given  them  by  this  court. 
[85]  2.  That  they  will  either  take  the  proprietie  of  all  the 
purchased  lands  into  their  owne  hands,  or  leaue  it  to  such  as 
shall  vndertake  the  planting  of  it,  provided  that  it  be  and 
remaine  a  part  or  member  of  this  jurisdictio.  And  for  their 
incouragment  they  purpose  when  God  shall  so  inlarge  the 
English  plantations  in  Delaware  as  that  they  shall  grow  the 
greater  part  of  the  jurisdiction,  that  then  due  consideration 
shall  be  taken  for  the  ease  and  conveniency  of  both  parts,  as 
that  the  gouernor  may  be  one  yeare  in  one  part  and  the  next 
yeare  in  another,  and  the  dept.  gouernor  to  be  in  that  part 
where  the  gouernor  is  not,  and  that  gen''ll  courts  for  makeing 
lawes  may  be  ordinarily  but  once  a  yeare,  and  where  the 
gouernor  resids ;  and  if  God  much  increase  plantations  in 
Delaware  and  deminish  them  in  these  parts,  then  possibly 
they  may  see  cause  that  the  gouernor  may  be  constantly  there 
and  the  deputie  gouernor  here,  but  that  the  lesser  part  of  the 
jurisdiction  be  protected  and  eased  by  the  greater  part,  both 
in  rates  and  otherwise,  w^h  they  conceive  will  be  both  accept- 
able to  God  and,  (as  appeares  by  the  conclusions  of  the  comis- 
sion^s,  anno  1651,)  most  satisfying  to  the  rest  of  the  Vnited 
Colonies. 

3.  That  for  the  matters  of  charge  propounded  for  incourag- 
ment to  be  giuen  or  lent,  to  help  on  their  first  beginnings, 
they  will  propound  the  things  to  the  seuerall  pticuler  planta- 
tions and  promove  the  buisnes  for  procuring  something  that 
way,  and  shall  returne  their  answer  w'h  all  convenient  speede.* 

*  At  a  General  Court  for  New  Haven  March  16th,  1654-5,  The  town  was  informed 
that  the  occasion  of  this  meeting  is  to  let  them  understand  how  things  are  at  present 
concerning  Delaware,  now  John  Cooper  is  returned ;  he  finds  little  encouragement  in 
the  Baj',  few  being  willing  to  engage  in  it  at  present,  and  therefore  they  may  consider 
whether  to  carry  it  on  themselves  or  to  let  it  fall.  Mr.  Goodyear  said  notwithstand- 
standing  the  discouragements  from  the  Bay,  if  a  considerable  company  appear  that 
will  go,  he  will  adventure  his  person  and  estate  to  go  with  them  in  that  design ;  but  a 
report  of  three  ships  being  come  to  the  Sweeds,  seems  to  make  the  business  more  diffi- 
cult. After  much  debate  about  it,  it  was  voted  by  the  town  in  this  case,  that  they  will 
be  at  twenty  or  thirty  pound  charge,  that  Mr.  Goodyear,  Serjeant  Jeffery,  and  such 
other  as  they  think  fit  to  take  with  them,  may  go  to  Delaware  and  carry  the  commis- 
sioners letter  and  treat  with  the  Sweeds  about  a  peaceable  settlement  of  the  English 


132  RECORDS   OF   THE  [1654 

The  Court  considering  the  sad  state  of  things  in  Old  Eng- 
land, our  native  cuntry,  as  appeares  by  what  intelligence  they 
haue  received  from  thence  since  they  came  together,  thought 
it  their  duty  to  set  a  day  apart  in  the  whole  jurisdiction  for 
humiliation  and  solemne  seekeing  of  God  in  fasting  and  praire 
on  their  Ijehalfe,  w^h  is  appointed  to  bee  vpon  "Wedensday 
come  three  weekes,  W^h  will  be  the  last  day  of  February  next. 


At  a  Court  of  Magistrats  held  at  Newhauen  for  the 
Jurisdiction,  the  2'^  of  February,  1654. — Present, 

Theophilus  Eaton,  Esq^  Gouerno''. 

M>".  Stephen  Goodyeare,  Deputie  Gou'. 

M''  Samuell  Eaton. 

Francis  Newman. 

M^  William  Leete. 

M^  Benjamine  Fenn. 
Walter  Robinson  of  the  age  of  fifteene  yeares,  a  seruant  to 
M"".  Fowler  of  Milford,  was  called  before  the  court  and  told 
that  he  stands  charged  for  comitting   that   horrible  sinn  of 

iipou  their  own  right,  and  then  after  harvest,  if  things  be  cleared,  company  may  resort 
thither  for  the  planting  of  it. 

On  the  9th  of  April,  1655,  The  town  was  informed  that  there  were  several  who  have 
purposes  to  go,  but  they  conceive  they  want  number  of  men  and  estate  to  carry  it  on, 
now  if  any  be  willing  to  further  it  in  person  or  estate  they  may  do  well  to  delare  it.  It 
having  been  first  made  known  to  them  that  though  they  may  go  free  and  not  engaged 
to  be  a  part  of  this  jurisdiction,  yet  they  and  all  such  as  come  after  must  engage  upon 
the  same  foundations  of  government  as  were  at  first  laid  at  New  Haven,  which  were 
now  read  unto  them,  and  though  some  objections  were  made,  yet  notwithstanding,  the 
business  proceeded,  and  divers  declared  themselves  willing  to  further  it. 

And  for  their  further  encouragement  the  town  granted,  if  any  go  and  leave  none  in 
their  family  fit  to  watoh,  their  wives  shall  not  be  put  upon  the  trouble  and  charge  to 
hire  a  watchman,  the  persons  only  which  are  present  being  to  carry  on  that  service. 
They  also  further  agreed  to  lend  the  company  the  two  small  guns  which  are  the  towns, 
or  else  one  of  them  and  one  of  the  bigger,  if  they  can  procure  leave  of  the  jurisdiction 
for  it,  with  at  least  half  a  hundred  of  shot  for  that  bigger  gun,  if  they  have  it,  and  a 
meet  proportion  of  musket  bullets,  according  to  what  the  town  hath,  and  also  a  barrel 
of  that  powder  which  the  town  bought  of  Mr.  Evauce.  And  concerning  their  houses 
and  lands  wliich  they  leave,  what  of  them  lyeth  unimproved  shall  be  freed  from  all 
rates  one  year  and  a  half  from  the  time  they  leave  them,  paying  as  now  they  do  for 
what  they  improve.  Then  they  shall  have  one  years  time  more,  that  they  shall  pay 
but  one  penny  an  acre  for  fenced  land  and  meadow  as  they  do  at  present. 

Town  Rec.  ii.  165-7. 


1654]  JURISDICTION   OF  NEW  HAVEN.  133 

beastialitie,  w^li  a  bitch,  and  therein  abasing  the  nature  of 
man  in  a  most  filthy  way,  and  that  vpon  the  Lords  day.  His 
examination  before  the  court  at  Milford,  w^h  a  testimony  of 
Edward  Willson,  a  seaman,  vpon  oath,  were  read,  w'^h  are  as 
folio  weth, 

[A  page  of  the  Eecord  containing  details  of  the  testimony  is  here  omitted.] 

[86]  The  court,  hauing  heard  the  examinations,  confession 
and  proofe  concerning  Walter  Kobinson,  by  way  of  sentence 
declared,  that  his  sinn  is  such  as  by  the  law  of  God  and  the 
law  of  this  jurisdiction  he  ought  to  dye,  and  therefore  the 
court  dare  doe  no  other  but  pronounce  the  same,  that  all 
others  may  heare  and  feare,  and  take  warning  not  to  coiliitt 
[87]  II  such  wickedness.  W^h  sentence  of  death  is  to  be 
executed  vpon  him  by  hanging  vpon  the  gallowes,  and  that 
the  bitch  w^h  w'=h  he  hath  committed  this  horrible  wickedness 
be  killed  in  his  sight  at  that  time,  w^h  is  ordered  to  be  the 
first  Wedensday  in  March  next,  that  so  in  the  meane  time  he 
may  consider  his  sinn  and  repent  and  seeke  to  God  in  Christ, 
that  mercy  may  be  showed  to  his  poore  soule. 

M"".  Samuell  Goodanhouse  informed  the  court  that  M^ 
William  Westerhouse  is  in  his  debt  a  considerable  some,  both 
vpon  pticiiler  accounts,  and  likewise  in  ptnershipp  w*h  him, 
W^h  he  could  not  acquainte  y  court  w'h  when  that  buisnes 
was  tryed  in  y^  court,  because  he  was  then  prisoner  at  Fyall. 
He  further  said  that  hee  heares  the  house  of  the  said  M"". 
Westerhouse  is  to  be  sould,  he  desires  that  he  may  buy  it  and 
set  of  his  debt  that  way ;  hee  was  told,  for  his  debt  it  must  be 
proued  to  the  courts  satisfaction,  and  for  the  house,  it  is  not 
M«",  Westerhouses,  but  turned  ouer  to  M^.  Benzio  for  part  of 
his  debt,  &  if  he  buy  the  house  he  must  lay  downe  the  price, 
wh  must  bee  for  the  vse  of  the  creditors  as  the  court  of  magis- 
trats  shall  order,  but  the  court  now  ordered  that  the  house 
shall  be  sould  by  an  inch  of  candell,  the  13^''  of  this  moneth, 
he  that  bids  most  to  haue  it,  for  good,  currant,  cuntry  paye,  at 
currant  price. 


134  RECOBDS   OF  THE  [1656 

At  a   Court  of  Magistrats  held  at  Newhauen  for  y^ 
Jurisdiction,  the  28tii  of  May,  1655. 

Present, 
Theopliiliis  Eaton,  Esq"",  Gouerno^ 
M^  Steplien  Goodyeere,  Dpt.  Gou'. 
M^  Samuell  Eaton,    ~^ 
Francis  Newman,         [  ti/t     ■  j    ^ 
Mr.  William  Leete,      f^^g-^'frats. 

M^  Benjamin  Fenn,  J 

William  Ellit  and  Hanah  Spencer  were  called  before  the 
court  &  told  that  the  court  hath  bine  informed  of  some 
vncleane,  filthy  cariages  betwixt  them  in  William  Benfeilds 
boate,  and  as  Hanah  Spencer  hath  said,  she  was  by  the  said 
Elit  forced  therevnto,  but  Ellit  denyed  it,  wherevpon  Hanah 
Spencer  was  called  to  speake,  who  declared  that  she  tooke  a 
passage  in  William  Benfeilds  boate  to  goe  from  Milford  to 
Stamford,  in  the  way  as  they  went  one  night,  when  she  was 
in  ye  cuddy,  Benfeild  then  sitting  at  the  dore,  William  Ellit 
came  in  to  her  and  asked  her  if  she  would  haue  him,  she 
answered  it  was  not  in  her  power,  she  was  at  the  dispose  of 
the  church  at  Milford,  but  after  tliis  hee  fell  vpon  her  and  by 
degrees  got  vp  her  coates  and  had  carnnall  knowledg  of  her, 
but  w^hout  her  consent,  yet  she  saith  Benfeild  was  then  in  y^ 
cuddy,  they  three  lying  closs  one  by  another  and  she  in  the 
midest.  Ellit  at  first  denyed  any  such  thing,  but  after  did 
confess  he  had  had  carnnall  knowledg  of  her,  but  not  by 
force  but  w4i  her  consent,  and  that  he  had  endeauoured  it 
that  time  she  speakes  of  in  the  night  but  could  not,  but  in 
the  morning  while  the  boate  was  sayling,  he  was  at  the 
[88]  II  helme,  and  being  cold  desired  Benfeild  to  take  y« 
helme,  and  he  went  into  the  cuddy  to  her,  and  she  spake  as 
pittying  of  him,  saying  he  shaked  w^h  cold,  and  he  laye  downe 
by  her  and  then  wUi  her  consent  did  it,  but  forced  her  not. 

Hanah  Spencer  said  it  was  not  true,  it  was  but  one  time 
and  that  was  in  the  night  when  Benfeild  was  in  the  cuddy. 
She  was  asked  how  that  could  be  a  forced  act,  when  another 
lay  closs  by  and  saith  he  cannot  tell  that  any  such  thing  was 


1655]  JUEISDICTION   OF  NEW   HAVEN.  135 

done,  nor  did  hear  her  cry  out,  onely  one  time  he  heard  her 
say  w^h  a  mild  voyce,  William  Ellit  let  me  aloane;  and 
Gregory  Taylor  of  Stamford  who  was  then  in  ye  boate,  and 
by  reason  his  wife  was  sick,  was  kept  awake  all  night,  yet 
heard  no  crying  out,  wh  she  would  haue  done  had  not  her 
consent  bine  gained;  and  further  he  testifyeth,  that  Hanah 
Spencer  caried  it  pleasingly  to  William  Ellit  afterward,  and  as 
they  both  confess,  fell  into  a  further  treaty  of  marriage  in 
Benfeilds  presenc,  who  pswaded  therevnto,  and  agreed  to  be 
married  at  Greenwitch,  though  after  when  she  came  at  Stam- 
ford she  was  vnwilling,  hauing  heard  by  the  wife  of  Jn^  Gra- 
den,  a  Duch-man,  that  Elit  should  say  to  her  husband,  that  he 
had  got  a  sweet-heart  who  was  an  vgly  creature  but  she  had  a 
good  portion,  and  when  he  had  got  that,  he  would  giue  her  a 
kicke,  this  was  now  testifyed  by  Jn^  Graden  vpon  oath. 

William  Benfeild  was  called  and  told  that  he  is  charged  w'h 
seuerall  miscariages  w^h  he  must  answer  to,  first  that  he  hath 
neglected  his  trust,  not  lookeiug  to  Hanah  Spencer  whom  bee 
tooke  into  his  boate,  but  hath  by  his  negligence  (and  it  is  well 
if  not  by  his  consent)  suffered  her  chastitie  to  be  voyolated,  & 
that  he  himselfe  had  in  a  filthy  way  touched  her  naked  body, 
w<=h  he  said  was  accidentall ;  he  was  told  it  doth  not  so  appeare, 
he  hauing  boasted  of  this  w'^h  other  filthy  passages  to  the  sea- 
men in  M^  Mayoes  vessell,  and  being  ouerheard  by  M^ 
Leueridg,  (who  was  then  aboard,)  and  reproued  for  it,  he 
said  if  he  had  known  he  had  bine  there  he  would  not  haue 
spoken  so.  Againe  it  increaseth  his  fault  exceedingly  that  he 
suffered  Ellit  a  second  time  (knowing  of  ther  filthyness  the 
night  before)  to  goe  into  the  cuddy  alone  w'h  Hanah  Spencer, 
and  there  to  haue  opptunity  to  doe  so  wickedly,  and  that  he 
alowed  of  a  treaty  of  marriage  in  his  boate  and  pswaded  there- 
vnto and  was  witnes  of  it,  w^hout  consent  of  parrents  or  any 
w<=h  had  the  dispose  of  her,  W^h  carriages,  though  plaine  and 
euident,  yet  he  would  not  at  first  owne,  but  afterward  confest 
the  things  were  true,  and  for  his  sinnfull,  words  in  M"".  Mayoe's 
vessell,  he  is  ashamed  of  them  and  ashamed  to  name  them 
before  y^  court,  and  confessed  he  should  haue  bine  more  care- 
full  of  his  trust  and  not  haue  suffered  such  treaties  of  mar- 


136  RECORDS  OF  THE  [1655 

riage,  especially  w'li  William  Ellit  whom  he  knew  to  be 
naught,  though  for  want  of  other  help  was  forced  to  make  vse 
of  him  in  that  voyage. 

The  court  hauing  considered  the  miscariages  of  these  per- 
sons seuerally,  proceeded  to  sentenc,  and  for  William  Ellit, 
though  they  finde  no  satisfying  evidenc  that  it  was  a  forced 
[89]  rape,  yet  it  is  a  ||  hainious  filthyness,  and  it  is  likely  was 
begun  in  a  way  of  force  though  after  her  consent  might  be 
drawne,  but  as  fornication  it  is  a  great  sinn  and  folly  in  a  high 
degree,  and  seueerly  to  be  punished,  beside  his  inticcing  to 
marriage,  w'h  a  purpose  declared  that  after  he  had  got  her 
portion  he  would  glue  her  a  kicke,  &g.  For  w^h  filthyness 
Ellit  is  to  be  seveerly  whipped,  and  for  inticing  her  to  mar- 
riage wUiout  consent  of  those  who  had  the  dispose  of  her,  that 
he  pay  forty  shillings  fine,  and  that  he  beare  all  charges  the 
jurisdiction  hath  bine  put  to  aboute  this  buisnes,  and  remaine 
a  prisoner  till  this  sentence  be  fullfilled. 

For  Hanali  Spencer,  the  court  lookes  vpon  her  miscariages 
as  great,  though  they  conceive  she  hath  bine  drawne  by  cor- 
ruption and  temptation,  yet  they  cannot  but  judg  that  she 
deserues  to  be  seueerly  corrected,  but  considering  the  weak- 
ness of  her  body,  (w'=h  is  more  then  ordinary,)  they  order  that 
she  paye  as  a  fine  to  the  jurisdiction  tenn  pound,  and  that  she 
bee  pi'sent  at  the  whipping  post  when  Ellit  receives  his  cor- 
rection, that  she  may  in  some  measure  beare  y^  shame  of  her 
sinn. 

And  for  William  Benfeild,  because  he  did  not  at  first  attend 
his  trust  in  lookeing  to  Hanah  Spencer  as  he  ought,  and  for 
giuing  an  opptunity  a  second  time  for  Ellit  to  pfect  his  filthy- 
ness, for  speaking  filthy,  base  words,  such  as  himselfe  saith  he 
is  ashamed  to  name  Ijefore  the  court,  aboard  M^.  Mayoes  ves- 
sell,  and  that  he  would  be  a  witnes  of  and  a  pswader  to  a  mar- 
riage to  be  accomplished  betwixt  them,  w^hout  consent  of  those 
Wh  had  the  dispose  of  her,  for  all  w^h  he  is  sentenced  to  paye 
fine  pound  as  a  fine  to  the  jurisdiction. 

For  Hanah  Spencers  fine  of  ten  pound  M"".  Prudden  now 
ingaged  to  y^  court  to  see  it  paide. 


1655]  JURISDICTION   OP   NEW   HAVEN.  137 

And  for  the  fine  pound  due  from  William  Benfeild,  Ensigne 
Bryan  ingaged  to  see  it  paide. 

John  Knight  was  called  before  the  court  and  told  that  he 
is  charged  w'h  coinitting  filthyness  in  a  sodomitticall  way  w^h 
Peter  Yincon,  his  master  Judsons  boy,  of  the  age  of  fourteene 
yeares  or  somewhat  more.  He  denyed  that  he  had  coinitted 
any  such  filthyness  w'h  him  at  any  time,  or  w^h  any  other, 
since  w^h  the  chilldren  of  Francis  Hall,  but  he  was  told  such 
things  would  be  proued  against  him,  wherevpon  a  testimony 
of  Thomas  Richards  and  Samuell  Richards  was  read,  w«=h  is 
vpon  oath,  taken  before  the  gouernor,  w<^h  they  now  in  court 
Ijefore  John  Knight  afifirme  to  be  true,  W^h  testimony  is  as 
folio  weth, 

[About  three  pages  of  the  Record  are  here  omitte^l,  as  containing  matters  of  a 
nature  deemed  unfit  for  publication.] 

[91]  James  Clarke  and  his  wife  were  told  that  they  are 
exceedingly  to  blame,  that  knowing  what  a  filthy  fellow  Jn" 
Knight  was  before  w^h  Francis  Halls  chilldren,  and  being  now 
informed  that  he  had  begun  this  way  of  filthyness  w*h  their 
daughter,  they  would  let  her  stay  there  and  not  complaine  of 
him  to  publique  authority.  They  said  they  did  intend  it,  but 
goodman  Judson  promised  he  should  goe  away  and  while  lie 
was  there  they  should  not  be  together. 

Goodman  Judson  and  his  wife  were  told  that  they  haue  don 
exceeding  ill  in  that  they  haue  concealed  these  things  from 
publique  authority,  specially  seeing  they  knew  Jn°  Knight 
what  he  was,  and  how  neere  death  for  filthynes  of  this  nature 
before,  for  w^h  he  was  punished  and  wore  a  halter,  but  by  his 
meanes  it  was  taken  of.  They  haue  neglected  their  trust  and 
duty  towards  Mary  Clarke  and  her  parrents,  leting  Knight  and 
she  be  alone  together,  thereby  giuing  him  opptunity  both  to 
abuse  and  corrupt  her,  and  that  contrary  to  their  promise  to 
James  Clarke  and  his  wife,  and  not  onely  conceale  it  them- 
selues,  but  counsell  Mary  Clarke  to  conceale  it  also,  all  wh 
renders  them  very  guilty.  They  said  they  did  endeauour  to 
keepe  the  asunder,  but  it  was  testifyed  by  seuerall  that  they 
haue  liine  often  together  alone,  in  the  meddowes,  in  y^  woods, 
18 


138  RECORDS   OP   THE  [1655 

ill  ye  corne  feilds,  and  two  or  three  times  in  y^  barne  husking 
corne,  of  Wh  things  goodman  Judson  could  not  cleare  him- 
selfe. 

These  things  being  largely  and  fully  debated,  the  court 
tooke  them  into  serious  consideration,  and  remembering  John 
Knights  former  cariage  w^h  the  children  of  Francis  Hall,  a 
loathsome  filthyness,  for  wh  he  was  then  neere  vnto  death 
and  therefore  was  sentenced  (beside  other  punishment)  to 
weare  a  halter  aboute  his  neck,  and  hauing  advised  w^h  the 
elders  of  the  jurisdiction  concerning  John  Knights  miscariages 
in  all  the  forementioned  pticulers,  by  w<=h  it  is  evident  he  is  a 
leud,  prophane,  filthy,  corrupting,  incorridgable  pson,  a  noto- 
rious lyar,  beside  that  sodomitticall  attempt  so  proued,  and 
other  filthy  defyling  wayes,  tending  to  the  very  destruction  of 
mankinde,  and  this  gone  on  in  time  after  time,  so  that  there 
seemes  to  be  no  end  of  his  filthynes  nor  no  meanes  will 
reclaime  him,  whether  publique  punishment  nor  private  warn- 
ings, wherefore  the  court  cannot  thinke  him  fitt  to  Hue  amonge 
men,  and  therefore  doc  by  way  of  sentence  order,  that  John 
Knight  be  put  to  death  by  hanging  vpon  the  gallowes.  After 
[92]  w*=h  sentence,  both  to  the  marshall  and  ||  others,  Jn" 
Knight  confessed  that  all  that  Mary  Clarke  charged  him  wt^h 
is  true,  but  denyes  what  Peter  charged  him  wUi,  in  refferrence 
to  sodomitticall  filthynes. 

For  Mary  Clarke,  the  court  lookes  vpon  her  as  wofully  cor- 
rupted by  John  Knight,  as  appeares  by  her  owne  confession 
beside  other  evidenc  giuen  in,  and  that  she  hath  two  much 
complyed  w^h  him  therein,  wherby  a  filthy  disposition  is 
wrought  in  her.  The  court  therefore  orders  that  she  be 
seueerely  whipped  for  the  same,  to  see  if  it  may  please  God 
to  bless  these  stripes  to  worke  out  this  sinnfull  folly. 

For  goodman  Judson  and  his  wife,  the  court  considered 
their  breach  of  trust  and  promise,  in  giuing  Knight  such 
opptunities  to  be  alone  w^li  her,  though  they  knew  his  filthy 
disposition  formerly  and  now  also,  and  that  they  haue  con- 
cealed this  from  publique  authority  when  they  first  knew  it, 
whereby  his  siiiii  went  on  and  Gods  wrath  might  haue  broke 
out  against  the  place  for  y^  same,  nay,  his  wife  counsells  the 


1655]  JURISDICTION   OP   NEW   HAVEN.  139 

girle  to  conceale  it  when  she  was  examined,  so  tliat  much  of 
this  mischeife  is  come  by  their  neglect,  for  w^h  William  Jiid- 
son  is  to  paye  tenn  pounds  as  a  fine  to  y^  jurisdiction,  that  it 
may  be  a  warning  to  gouernors  of  families  to  be  more  careful! 
and  watchfull  ouer  the  charge  and  trust  they  take  vpon  them. 

For  Peter  Vincon,  because  he  hath  bine  instrumentall  in 
this  filthy  way  w^^h  Jn"  Knight,  as  himselfe  now  confesseth, 
three  times,  and  because  he  concealed  it  and  stiffly  denyed  it 
at  his  first  examination  before  the  gouerno'',  that  therefore  he 
be  whipped,  that  it  may  be  a  warning  to  him  and  other  boyes 
to  take  heed  they  fall  not  mto  such  courses  hereafter. 

The  Court  hauing  heard  of  some  vncleane  cariages  betwixt 
Jonathan  Couentrie,  Thomas  Tuttill  and  Mary  Clarke,  called 
them  all  before  them  and  required  of  Mary  Clarke  to  declare 
what  Jonathan  Couentry  had  done  to  her. 

[About  a  page  of  the  Record  is  here  omitted.] 

[93]  The  sentenc  of  the  court  concerning  these  psons  is,  that 
Jonathan  Coventry  l)e  for  these  filthy  miscariages  souerly 
whipped. 

And  Mary  Clarkes  former  sentence  of  whipping  further 
confirmed. 

And  for  Thomas  Tuttill,  who  shewes  himselfe  most  penitent 
for  his  fault,  and  the  principall  part  of  his  miscariag  being 
onely  testifyed  by  Mary  Clarke  and  denyed  by  him,  though  he 
confesseth  he  spake  very  sinnfull  words  to  her,  of  W^h  he  is 
ashamed,  the  court  considering  the  matter  as  it  is  presented, 
agree  to  spare  him  from  correction  by  whipping,  and  order 
that  he  paye  forty  shillings  as  a  fine  to  the  jurisdiction. 

A  case  depending  betwixt  Edward  Higby  and  Jonas  Wood 
was  called  vpon,  but  Wood  being  not  prepared  to  proceed  in 
y6  case,  Higby  his  atturny  agreed  to  haue  it  deferred  till  the 
court  of  magistrats  in  October  next,  or  if  sooner,  till  a  court 
purchased  by  them  for  that  purpose,  and  for  securitie  gaue  a 
bond  of  thirty  pound  to  Edward  Higby. 

The  last  will  and  testament  of  Anthony  Tompson  late  of 
New  hauen  deceased,  was  presented,  made  the  26^^  day  of 


140  liECORDS   OF   THE  [1655 

December,  1654,  witnessed  by  M^.  Peter  Priiddeu,  ofMilford, 
vpon  oath. 

All  inventory  also  of  the  estate  of  the  said  Anthony  was 
p^sented,  amount'  to  41^:  19^:  lO"!,  prised  the  5^^  of  March, 
1654,  by  John  Nash  and  Thomas  Kimberly,  and  by  them  testi- 
fyed  vpon  oath  to  be  a  true  aprisment,  at  a  court  held  at  New- 
hauen  the  6ti'  of  March,  1654. 


[94]     At  a  Court  of  Elections  held  at  Newhauen  for 
THE  Jurisdiction,  the  W^^  of  May,  1655. 

Theophilus  Eaton,  Esq"",  is  chosen  Gouerno^ 
M"".  Stephen  Goodyeare,  Deputie  Gouernor. 

M^  Samuell  Eaton,  ^ 

Francis  Newman,       ! 

Mr.  William  Leete,    >Magistrats. 

Mr.  Benjamin  Fenn,  I 

The  Gouerno''  and  M^".  Leete  Comission's,  M^.  Goodyeare  a 
third  man,  M^.  Sam:  Eaton  a  4^^,  in  case  on  or  both  the  other 
are  hindered  from  y^  service. 

Mr.  John  Wakeman,  is  chosen  Treasurer. 

v-Francis  Newman,  Secretarie. 

Thomas  Kimberly,  Marshall. 


At  a  Generall  Court  held  at  Newhauen  for  the  Juris- 
diction, the  30th  OF  May,  1655. 
Present. 
Magistrals. 
Theophilus  Eaton,  Esqr,  Gouernor. 
Mr.  Stephen  Goodyear,  Dept.  Gou'. 
Mr,  Samuell  Eaton,  )  -^y     , 
Francis  Newman,      j  ^^^hauen. 

Mr.  Benjamin  Fenn,  Milford. 
Mr.  William  Leete,  Guilford. 


1655]  JUEISDICTION   OF   NEW   HAVEN,  141 

Deputies. 

Mj.  William  Gibbard,  /  ^^     ^ 

Mr.  John  Wakeman,    1  Newliauen. 

Leiuteniiaiit  Treat,  )  -.f.^,.    . 
Thorn:  Welch,  |  ^^^l^^^'^^' 

Leiuteniiant  Chittenden,  )  r^   .,..     . 
George  Hubbard,  |  Guilford. 

Richard  Law,  )  ai.      r    -, 
Francis  Bell,    \  Stamford. 

Mr.  Crane,        )  ry       if    -, 
Sam:  Swaine,  \  Bi'andford. 

Cirtificates  from  the  seuerall  plantations  being  prgented, 
read  &  accepted,  a  petition  from  Gregory  Taylor  of  Stamford 
was  read,  wherein  he  desires  to  be  freed  from  the  seruice  of 
watching  and  trayning,  &c.,  because  of  some  weaknes  of  body 
w^h  is  vpon  him,  to  wh  the  court  answered,  that  they  leaue 
it  to  Stamford  to  giue  him  all  the  priviledges  and  liberties 
w<=h  the  law  affords. 

A  petition  also  was  presented  from  Jeremiah  Jagger  of 
Stamford,  wherein  he  acknowledgeth  his  miscariages,  justifies 
the  courts  proceedings  w*^h  him,  (March  22"',  1653,)  and 
desires  his  fine  of  twenty  pound  may  be  abated  and  forgiuen ; 
to  w^h  the  court  answered,  that  while  he  cary  it  well  and 
remaines  in  y^  jurisdiction,  they  shall  at  present  forljeare  it, 
but  not  wholy  take  it  off. 

[95]  II  The  Gouernor  remembered  the  court  of  some  purposes 
wh  haue  formerly  bine  to  set  vp  a  colledg  at  Newhauen,*  and 

*  At  a  General  Court  for  New  Haveu,  May  22, 1654,  "  The  towne  was  informed  that 
there  is  some  motion  againe  on  foote  concerning  the  setting  vp  of  a  Colledg  here  at 
Newhaven,  wOi,  if  attayned,  will  in  all  likelyhood  prove  verey  benificiall  to  this  place, 
but  now  it  is  onely  ppounded  to  knowe  the  townes  miude  and  whether  they  are  willing 
to  further  the  worke  by  bearing  a  meet  pportion  of  charge  if  the  jurisdiction,  vpon 
the  pposall  thereof,  shall  see  cause  to  cary  it  on.  No  man  objected,  but  all  seemed 
wilhng,  pvided  that  the  paye  w^  they  can  raise  here  will  doe  it." 

The  next  year,  at  a  General  Court  May  21,  1655,  the  subject  was  "  revived,  &  in 
some  respects  this  seemes  to  be  a  season,  some  disturbanc  being  at  pi^sent  at  the  colledg 
in  y  Bay,  and  it  is  now  intended  to  be  ppounded  to  the  gen:  court;  therefore  this 
towne  may  declare  what  they  will  doe  by  waj'  of  incouragmt  for  y^  same,  and  it  would 
be  well  if  they  herein  giue  a  good  example  to  y  other  townes  in  y^  jurisdiction,  being 
free  in  so  good  a  worke.  M^.  Dauenport  and  Mr.  Hooke  were  both  present  vpon  this 
occasion,  and  spake  much  to  incourag  the  worke,"  and  a  committee  was  appointed 
"  to  goe  to  the  seuerall  planters  in  this  towne  and  take  from  them  what  they  will  freely 
giue  to  this  worke."  Town  Eec.  ii.  151, 169. 


142  RECORDS  OP  THE  [1655 

informed  them  that  now  againe  the  motion  is  reuiued,  and 
that  the  deputies  might  be  prepared  to  speake  to  it,  letters 
were  sent  to  the  plantations  to  informe  them  that  it  would 
now  be  propounded ;  he  acquainted  them  also  that  Newhauen 
haue,  in  a  free  way  of  contribution,  raised  aboue  three  hun- 
dered  pound  to  encourage  the  worke,  and  now  desired  to  know 
what  the  other  townes  will  doe.  The  magistrate  and  deputies 
from  Milford  declared  that  if  the  worke  might  comfortably  be 
carried  on,  their  towne  would  giue  one  hundered  pound ;  but 
those  from  the  other  townes  seemed  not  prepared,  as  not  haue- 
ing  taken  a  right  course,  and  therfore  desired  further  time 
to  speake  wUi  their  townes  againe  and  take  the  same  course 
Newhauen  haue  done,  and  they  will  then  returne  answer; 
and  for  a  comittee  to  receive  these  accounts  &  vpon  receipt  of 
them  to  consider  whether  it  be  meete  to  cary  on  ye  worke,  and 
how,  and  whateuer  considerations  and  conclusions  may  be 
meet  for  the  furtherance  of  it,  they  agree  that  each  towne 
chuse  some  whome  they  will  intrust  therein  and  send  them  to 
Newhauen  vpon  Tuesday  come  fortnight,  w*=h  will  be  the  19*^' 
of  June,  to  meete  in  y^  afternoone,  by  whom  also  they  promise 
to  send  the  account,  what  their  seuerall  townes  will  raise  for 
the  worke ;  the  major  part  of  wh  comittee  meeting,  and  the 
major  part  of  them  that  meete  agreeing,  shall  conclude  what 
shall  be  done  in  this  buisnes. 

M^  Allerton,  Bnsigne  Bryan  and  M"".  Augar  appeared  and 
informed  y"  court  that,  by  reason  of  bad  biskit  and  flower  they 
haue  had  from  James  Roggers  at  Milford,  they  haue  suffered 
much  damage,  and  likewise  the  place  lyes  vnder  reproach  at 
Virgenia  and  Berbadoes,  so  as  when  other  men  from  other 
places  can  haue  a  ready  markit  for  their  goods,  that  from 
hence  lyes  by  and  will  not  sell,  or  if  it  doe,  it  is  for  litle  aboue 
halfe  so  much  as  others  sell  for;  they  desire  therfore  that 
some  course  might  be  taken  to  remidy  this  greiuanc.  The 
court  approved  of  their  proposition  and  thought  it  a  thing 
verey  just  and  necessary  to  be  done,  and  sent  for  the  baker 
and  miller  from  Milford,  who  also  appeared  and  after  some 
debate  did  confess  there  had  bine  formerly  some  miscariages. 
The  baker  imputed  it,  or  a  great  part  of  it,  to  the  millers 


1655]  JURISDICTION   OF   NEW   HAVEN.  143 

grinding  his  corne  so  badly,  wh.  the  miller  now  acknowledgeth 
might  be  through  want  of  skill,  but  he  hopes  now  it  is  and 
will  be  better,  Wh  the  baker  owned,  and,  as  M'.  Allerton  now 
informed,  his  bread  is  at  present  better,  after  much  debate 
aboute  this  buisnes,  James  Roggers  was  told  that  if  after  this 
warning  his  flower  or  bread  proue  bad,  he  must  expect  that 
the  damage  will  fall  ^^Don  him,  vnless  it  may  be  proued  that 
the  defectiunes  of  it  came  hy  some  other  meanes. 

By  letters  from  Southold,  from  M"".  Herbert,  Leiutennant 
Bud  and  Barnabas  Horton,  and  information  now  from  John 
Peakin,  (wherein  himselfe  is  also  concerned,  haueing  laid  out 
some  monies  aboute  the  Mill  and  for  rates,  w^h  some  refuse  to 
paye  to  him,)  the  court  vnderstands  that  that  towne  is  in  an 
vnsetled  frame,  W^h  they  are  moued  the  more  strongly  to 
beleeve  because  they  haue  not  sent  their  deputies  to  this  court ; 
vpon  consideration  of  w^h  things,  and  out  of  a  tender  respect 
to  them,  desiring  to  setle  the  affaires  of  the  towne  in  peace,  it 
was  though  most  meete  that  two  magistrats  should  be  sent  to 
keepe  court  at  Southold,  w^h  by  vote  were  declared  to  be  M^. 
Samuell  Eaton  and  M"".  William  Leete,  (w<^h  is  to  be  at  the 
charge  of  Southold,  w^h  charges  w^h  other  rates  they  are  to 
see  leuyed  before  they  come  away,  wt^h  the  fines  for  deputies 
absence  at  this  court.)  W*^h  two  magistrats  haue  in  this  case, 
by  order  of  this  court,  the  power  of  a  court  of  magistrats  for 
tryall  of  causes  and  issuing  of  differrences  of  this  nature 
amonge  them.  They  haue  likewise  power  from  this  court  to 
chuse  some  officer  or  officers,  as  deputies  or  constables,  as 
they  shall  see  cause,  from  amonge  the  free-men  there,  to  order 
the  civill  affaires  of  that  plantation  for  the  yeare  ensuing,  or 
till  this  court  take  some  other  order  concerning  the  same. 
They  are  to  call  for  cirtifycats  of  armes,  amunition,  number 
[96]  of  males,  |1  the  estate  of  the  towne,  w^h  birthes,  deathes 
and  marriages  the  two  yeares  last  past,  no  account  hauing 
bine  brought  in  for  them,  and  to  inquire  how  their  watches 
are  caried  on,  and  giue  such  answer  to  Leiutennant  Budds 
letter,  Barnabas  Hortons,  and  M^.  Herberts,  (w^h  they  may 
haue  w'^h  them,)  as  they  shall  see  cause  when  they  come  there, 
also  to  John  Youngs  proposition  aboute  prohibiting  strangers, 


144  RECOEDS  or  THE  [1655 

English  or  Indians,  from  fetching  shells  for  wampom  out  of 
this  jurisdiction  w%out  lycense,  provided,  that  all  due  meanes 
be  vsed  to  preserue  peace  both  w'h  English  and  Indians. 

The  Gouerno""  informed  the  court,  and  read  to  them  a  letter 
he  had  rsd  from  the  planters  at  Oyster  Bay,  w^h  a  second 
letter  from  M^.  Leuerich,  dated  at  Milford,  May  28^^,  1655, 
desiring  that  their  plantation  may  be  admitted  a  member  of 
this  colony,  vpon  seuerall  conditions  therein  exprest  w^h  will 
need  weighty  consideration,  but  because  there  is  none  of  that 
plantation  here  to  interpret  their  meaning  in  sundrie  things 
propounded,  and  answer  to  such  queries  as  the  court  should 
make,  they  cannot  at  present  give  any  other  answer  but  to 
deferr  it  for  a  time,  and  the  rather  because,  if  all  other  things 
were  cleered,  the  consent  of  the  comission'"s  must  be  obtayned, 
to  wh  they  are  bound  by  one  article  in  y«  confederation. 

The  Deputies  of  Stamford  propounded  that  they  haue  and 
doe  still  suffer  great  inconvenienc  and  damage  by  Greenwich, 
who  pound  their  cattell  off  the  comon,  beside  their  disorderly 
walkeing  amonge  themselues,  admitting  of  drunkenness  both 
amonge  the  English  and  Indians,  whereby  they  are  apt  to  doe 
mischeife,  both  to  themselues  and  others;  they  receive  disor- 
derly children  or  seruants  who  fly  from  their  parrents  or  mas- 
ters lawfuU  correction.;  they  marry  psons  in  a  disorderly  way, 
beside  other  miscariages ;  and  therefore,  if  y^  court  see  meete, 
they  desire  some  course  may  ]>e,  taken  to  reduce  them  to  joyne 
w^h  Stamford  in  this  jurisdiction,  and  the  rather  because  they 
pretend  to  shelter  themselues  vnder  the  comon  wealth  of 
England,  who  wee  are  confident  will  not  approue  of  such 
cariages. 

The  Court  considered  of  the  seuerall  pticulers,  and  remem- 
bred  how  Greenwich  at  first  was  by  Mr.  Eobert  Feake,  the 
first  purchaser  of  the  said  lands,  freely  put  vnder  this  juris- 
diction, thovigh  after  Captaine  Patrick  did  injuriously  put 
himselfe  and  it  vnder  y^^  Duch,  yet  after,  it  was  by  agreement 
at  Hartford  w^h  the  Duch  gou',  1650,  to  be  resigned  to  New- 
hauen  jurisdiction  againe,  and  since,  wee  heare  that  the  Duch 
doe  exercise  no  authority  ouer  them ;  all  w^h  l)eing  consid- 
ered, the  court  did  agree  and  order  that  a  letter  should  be 


1655]  JURISDICTION   OF   NEW   HAVEN.  145 

written  to  them  from  this  court,  (w^h  they  desire  ye  gouerno'' 
to  draw  vp,)  and  sent  now  by  the  deputies  of  Stamford,  requir- 
ing them  according  to  y^  justice  of  y^  case  to  submitt  them- 
selues  to  this  jurisdiction,  wh.  if  they  refuse,  then  the  court 
must  consider  of  some  other  way. 

Vpon  a  debate  betwixt  the  deputies  of  Newhauen  and  the 
other  deputies  concerning  the  provissions  to  be  made  for  the 
court  for  ye  future  out  of  the  publique  treasury  of  the  juris- 
diction, as  formerly,  those  for  Newhauen  dissenting,  it  was 
agreed,  that  the  deputies  of  Newhauen  shall  propound  it  at 
the  next  towne  meeting,  and  if  they  approue  of  that  way  it 
shall  so  pass,  but  if  not,  then  they  shall  let  the  other  townes 
vnderstand  what  they  conclude  of,  that  they  may  know  how 
to  prouide  for  tliemselues.* 

It  is  agreed  that  if  in  any  plantation  in  this  jurisdiction 
there  be  none  amonge  the  free-men  fitt  for  a  cheife  millitary 
officer,  it  shall  be  in  the  power  of  the  generall  court  to  chuse 
some  other  man,  as  they  shall  judg  fitt,  in  whom  they  may 
confide. 

[97]  II  The  Court  being  informed  by  Richard  Law,  one  of  the 
deputies  for  Stamford,  that  the  free-men  there  had  chosen 
Francis  Bell  their  leiutennant,  for  ordering  the  millitary 
affaires  at  Stamford,  did  now  confirme  him  in  that  place  and 
trust. 

It  is  ordered  that  whosoeuer  shall  luring  any  strong  liqueur, 
of  what  kinde  soeuer,  into  any  harbour  or  other  part  of  this 
colony,  (vnless  directly  out  of  England,  or  out  of  some  other 
part  of  this  jurisdiction  where  custome  hath  bine  paide  and 
duely  certifyed,  as  in  the  case  of  wines,)  before  he  or  they  land 
or  sell  any  of  it,  more  or  less,  shall  first  make  a  true  and  full 
entry  of  the  quantitie  so  to  be  landed,  by  a  note  in  writting 
deliuered  to  y°  jurisdiction  treasurer  at  his  house,  or  to  some 
officer  therevnto  appointed,  as  in  the  case  of  wines,  vnder  the 
like  penalty  of  forfeiture,  w^h  mittigatio  if  the  case  require  it 

*  The  town  of  New  Haven,  at  their  meeting  June  18,  1655,  considermg  the  subject 
of  provision  for  the  general  court  out  of  »he  jurisdiction  treasury,  voted  that  they  saw 
no  reason  for  it,  but  were  willing  to  maintain  their  own  deputies,  and  that  the  magis- 
ti-ates  should  be  maintained  at  the  public  charge.  Town  Rec.  ii.  170. 

19 


\ 


146  RECOEDS   OF   THE  [1655 

as  there,  the  one  halfe  to  the  jurisdiction,  the  other  halfe  to 
him  that  informes  and  proseciits,  and  the  owner  or  importer 
of  any  such  strong  liquour,  as  soone  as  he  lands  or  imports 
and  sells  it  or  any  pt  of  it,  shall  deliuer  and  paye  to  the  said 
treasurer  or  officer,  for  euery  anchour  conteyning  tenn  gallons, 
six  shillings  and  eight  pence,  and  so  for  greater  or  lesser  quan- 
tities, namely,  after  y^  rate  of  eight  pence  a  gallon,  and  the 
buyer,  vnder  y^  same  penalty,  shall  see  that  such  entry  and 
payment  be  duely  made ;  and  that  whosoeuer  w^hin  this  colony 
shall  at  any  time  for  sale  or  merchandize  distill  any  sort  of 
strong  liquour,  he  or  she  shall  w^hin  seuen  dayes  after  the 
same  is  distilled  and  so  ready  for  vse  or  sale,  giue  in  a  like 
true  note  in  writting  of  the  full  quantitie  so  distilled,  to  the 
treasurer  or  other  officer,  vnder  the  like  penalty,  and  shall 
w^hin  six  monethes  after,  duely  paye  or  cause  to  be  paide  to 
the  said  treasurer  or  officer,  after  the  rate  of  eight  pence  a 
gallon  for  the  full  quantitie  so  distilled ;  and  vpon  proofe  that 
any  such  strong  liquour  hath  bine  distilled  and  sould  w'hout 
such  entry  and  payement,  the  valew  thereof  shall  be  forfeited 
to  the  jurisdiction,  vnless  their  appeare  just  cause  of  some 
mittigation,  in  w<^li  case  double  the  valew  of  y«=  said  custome 
may  be  accepted ;  and  that  no  pson  at  any  time  retayle  any 
sort  of  strong  liquour  w4iin  this  jurisdiction  w*hout  express 
lycense  from  the  authority  of  the  plantation  wUiin  the  limitts 
whereof  he  so  sells,  and  that  due  moderation  bee  attended  in 
prises  when  it  is  so  retayled,  but  that  none  of  any  sort  be  at 
any  time  sould  for  aboue  three  shillings  a  wine  quart.  Lastly 
it  is  ordered  that  if  any  distilling  such  strong  liqueurs  w^in 
this  colony  shall  by  way  of  trade  or  merchandize,  after  he 
hath  paide  such  custome,  sliipp  and  send  forth  of  this  juris- 
diction any  quantitie  of  y^  same,  he  shall  for  so  much  haue 
the  said  custome  repaide  by  the  treasurer  or  officer  who 
receiued  it. 

The  Gouernour  being  formerly  desired  by  this  court  to  view 
ouer  the  lawes  of  this  jurisdiction,  and  draw  vp  those  of  them 
w^h  he  thinkes  will  be  most  necessary  to  continew  as  lawes 
here,  and  compyle  them  together  fitt  to  be  printed,  w^h  being 
done,  were  now  read,  considered,  and  by  vote  confirmed,  and 


1655]  JUBISDICTION   OP   NEW   HAVEN.  147 

ordered  to  be  printed  w^h  the  articles  of  confederation  also, 
and  ye  court  further  desired  the  gou'  to  send  for  one  of  the 
new  booke  of  lawes  in  y^  Massachusets  colony,  and  to  view 
ouer  a  small  booke  of  lawes  newly  come  from  England,  w°h 
is  said  to  be  M^  Cottons,  and  to  add  to  what  is  already  done 
as  he  shall  thinke  fitt,  and  then  the  court  will  meete  againe 
to  confirme  them,  but  in  y^  meane  time,  (when  they  are 
finished,)  they  desire  y^  elders  of  y^  jurisdiction  may  haue  y^ 
sight  of  them  for  their  approbation  also. 

It  is  ordered  that  a  publique  scale  shall  be  prouided  at  y« 
charge  of  y^  jurisdiction,  w'^h  is  to  be  y^  scale  of  this  colony, 
the  bigness  of  it  and  y^  impression  to  be  vpon  it  they  leaue  to 
ye  gouernour,  and  such  other  as  he  shall  thinke  fitt  to  advise 
wUi  aboute  it,  to  consider  and  order. 

Concerning  quarter  caske  to  be  made  in  this  jurisdiction 
hereafter,  it  is  ordered  that  they  shall  be  and  conteyne  thirty 
one  gallons,  or  w'^hin  halfe  a  gallon  ouer  or  vnder,  according 
to  a  law  formerly  made,  August  3*^,  1653,  and  the  order  made 
in  May  last,  alowing  caske  to  be  made  but  twnty  eight  gallons, 
is  now  repealed. 

[98]  II  It  is  ordered  that  the  two  faires,  w^h  were  formerly 
ordered  to  be  at  Newhauen  each  yeare,  are  for  the  present  to 
be  forborne  and  not  kept  till  this  court  sees  furtlier  cause  and 
giue  order  for  the  same. 

The  Gouernour  informed  the  court  that  he  hath  receiued 
from  the  gen:  court  of  the  Massachusets  an  order,  wherby 
they  confirme  what  their  coihissioni"s  did  last  yeere  at  Hart- 
ford, in  recalling  their  interpretation  of  the  Articles  of  Confed- 
eration, so  offensive  to  the  other  colonies,  W^h  order  is  by  this 
court  accepted  and  appointed  to  bee  entered  next  after  the 
conclusions  of  y^  comissionrs  at  that  meeting. 

Francis  Bell  informed  the  court  that  the  free-men  at  Stam- 
ford doe  desire  that  Richard  Law  may  be  chosen  constable  for 
that  towne  for  the  yeare  ensuing,  but  the  court  vnderstanding 
and  further  considering  the  occasions  of  Stamford  and  that  the 
three  deputies  ther  last  yeare  caried  on  things  (for  ought  they 
heare)  to  good  satisfaction,  did  thinke  it  most  meete  to  chuse 
the  same  againe  to  the  same  trust  another  yeare,  viz*,  Richard 


148  RECORDS   OF   THE  [1655 

Law,  Francis  Bell  &  Jn^  Holly,  who  liaue  y^  same  comission 
to  act  by  as  they  had  last  yeare ;  and  Richard  Law  had  now 
the  deputies  oath  administred  to  him,  and  if  the  other  two 
accept  of  ye  place,  he  is  to  administer  the  said  oath  to  them  at 
Stamford,  but  if  they  vtterly  refuse,  then  they  confirme  the 
said  Richard  Law  in  the  place  of  a  constable,  and  giue  him 
the  said  commission  he  had  in  that  place  the  last  time  he  was 
in  it,  and  he  now  bindes  himselfe  by  the  oath  now  taken,  to 
discharge  that  place  faithfully  according  to  his  best  abillitie. 

Old  Mr.  Swaine,  M'".  Crane,  Samuell  Sw-aine  and  Lawranc 
Ward,  are  chosen  deputies  for  Brandford  for  the  yeare  ensu- 
ing, and  haue  y^  same  power  &  authority  comitted  to  them  as 
they  the  same  deputies  had  the  last  yeare;  and  M^.  Crane  and 
Samuell  Swaine  did  now  take  the  deputies  oath,  and  were  to 
administer  the  said  oath  to  y^  other  two  at  Branford. 

It  was  propounded  to  know  whether  Paugaset  is  not  in  this 
jurisdiction,  but  M^.  Wakeman,  one  of  the  owners  and  at  this 
present  a  deputie  for  Newhauen,  desired  a  litle  time  of  respite 
before  he  giues  answer. 

The  Gouernour  informed  the  court  that  Richard  Baldwin, 
if  not  some  others  of  Milford,  had  bine  w'h  him  and  desired 
libertie  from  y^  court  to  buy  some  land  of  y^  Indians  aboute 
Paugaset,  but  the  magistrate  &  deputies  for  Milford  desired 
they  might  not  haue  leaue  till  they  may  more  fully  vnderstand 
the  minde  of  their  towne,  to  whom  they  thinke  it  will  be 
offensive  if  granted. 

It  is  ordered  that  no  tobaco  shall  be  taken  in  the  streets, 
yards,  or  aboute  the  houses  in  any  plantation  or  farme  in  this 
jurisdiction,  or  w^hout  dores  neere  or  aboute  the  towne,  or  in 
the  meeting-house,  or  body  of  the  trayne  souldio''s,  or  any 
other  place  where  they  may  doe  mischeife  thereby,  vnder  the 
penalty  of  six  pence  a  pipe  or  a  time,  Wh  is  to  goe  to  him 
that  informes  and  prosecuts,  W^h  if  refused  is  to  be  recouered 
by  distress,  in  w<=h  case  if  there  be  differrence,  it  may  be  issued 
w'hout  a  court  by  any  magistrate,  or  where  there  is  no  magis- 
trate by  any  deputie  or  constable ;  but  if  he  be  a  poore  seruant 
and  hath  not  to  paye,  and  his  master  will  not  paye  for  him,  he 
shall  then  l^e  punished  by  sitting  in  the  stockes  one  houre. 


1655]  JURISDICTION   OP   NEW   HAVEN.  149 

It  is  ordered  that  if  an  iron  worke  goe  on  w^hin  any  part  of 
this  jurisdiction,  the  psons  and  estates  constantly  and  onely 
imployed  in  that  worke  shall  be  free  from  paying  rates. 

The  Court  considering  the  occasions  of  y^  jurisdiction  and 
what  rate  is  fitt  to  be  laid  to  cary  on  the  same,  and  remember- 
ing the  comission''s  are  to  meete  here  this  yeare,  beside  other 
ordinary  charges,  did  see  cause  to  order  that  a  rate  of  one 
hundered  and  fifty  pound  shall  be  leuyed  from  the  seuerall 
plantations  in  this  jurisdiction,  in  due  and  equall  proportions 
[99]  according  to  their  estates,  w^h  is  to  be  paide  ||  to  the 
treasurer  at  Newhauen,  the  one  halfe  by  the  midle  of  August 
next,  and  the  other  halfe  by  the  latter  end  of  October  next 
following,  in  good  money,  or  merchantable  beauour  at  price 
currant,  in  wheat  at  5^  p  bushell,  pease  or  rie  at  4^  p  bush,  in 
beefe  at  S^  p  ',  or  porke  at  4^^,  all  good  and  merchantable,  and 
when  either  beefe  or  porke  is  packed  in  caske  the  salt  and 
caske  is  to  be  added  and  alowed  for,  and  if  any  man  paye  line 
cattell,  they  are  to  be  prised  by  indifferrent  chosen  for  that 
purpose,  or  in  any  other  pay  that  may  satisfye  the  treasurer 
and  answer  ye  jurisdictions  occasions.  The  penalty  for  none- 
payement  is  as  was  ordered  27^^  Octob"",  1646. 

The  proportion  of  euery  towne  is  as  foUoweth, 


1                S               (1 

Newhauen, 

57:  12:  10 

MiUford, 

.      28:  03:  07 

Guilford,    . 

21:  06:  07 

Stamford, 

.      17:  18:  05 

Southold, 

13:  00:  04 

Brandford,     . 

.      11:  18:  03 

150:  00:  00 

At  a  Couet  of  Magistrates  held  at  Newhauen  for  y^ 
Jurisdiction,  the  28^'!  op  September,  1655. 
W'h  ivas  purchased  by  Jonas  Wood. 
Jonas  Wood  of  Southhampton  and  Edward  Higby  of  Strat- 
ford appeared  to  issue  a  case  depending  betwixt  them,  con- 


150  RECORDS   OF   THE  [1655 

cerning  a  boate,  and  what  passed  at  a  former  court  in  October 
last  was  read,  and  sundrie  testimonies  were  further  presented 
by  Jonas  Wood,  and  Edward  Higby  againe  deliuered  in  to  y^ 
court  his  bill  of  sale  from  Jonas  Woods  wife,  and  a  testimony 
of  Henry  Eastons,  all  w^h  were  now  read,  but  in  pleading  y^ 
case  both  plantiff  and  defendant  saw  themselues  defective  in 
cleering  the  case,  where vjDon  they  both  consented  to  issue  the 
matter  betwixt  themselues,  w^h  after  some  debate  betwixt 
them  they  did  and  so  declared  it  to  y«  court,  and  Jonas  had 
his  seuerall  paprs  deliuered  to  him  againe. 


[100]  At  a  Court  of  Magistrats  held  at  Newhauen  for 
THE  Jurisdiction,  the  17*^  of  October,  1655. 

Present, 
Theophilus  Eaton,  Esqr,  Go^^erno^ 
Francis  Newman,       ^  Newhauen. 

M"".  Benjamin  Penn,  >  Magistrats.  Milford. 
M'".  William  Leete,   )  Guilford. 

Nathaniell  Kimberly,  planf.      ) 

Jn"  Fish  of  Stratford,  defendt,  )  Nathaniell  Kimberly  declared 
that  John  Fish  hath  accused  him  &  Joseph  Whitman  of  comit- 
ting  loudness  w%  his  sister  in  law  Sarah  Eland,  and  to  proue 
he  had  so  charged  them,  presented  a  copie  of  y^  oath  of  the 
said  John  Fish,  taken  before  authoritie  at  Stratford  y^  18^^  of 
September,  1654,  wherin  he  saith  plainly  that  he  did  see  the 
two  men  before  named  comitting  loudness,  defyling  or  abusing 
the  body  of  y^  said  Sarah  Eland,  w^h  oath  was  now  owned  by 
the  said  Fish  to  be  his  testimony.  But  the  plant,  further  to 
cleere  himselfe  declared,  that  this  buisnes  was  in  the  court  at 
Fairfeild,  wherin  both  he  and  Joseph  Whitman  were  cleered 
from  the  said  charge,  two  other  confessing  themselues  to  be 
the  men,  namely  Robert  Cranfeild,  who  is  here  present  to 
affirm  it  againe,  and  James  Blackman  who  hath  sent  a  note 
vnder  his  hand  that  he  was  the  other,  and  Fish  also  confesseth 
that  his  sister  Sarah  Eland  saith  they  were  the  two  men  w^h 
her,  and  not  Nathaniell  Kimberly,  &c.     Robert  Cranfeild  was 


1655]  JURISDICTION   OF   NEW   HAVEN.  151 

called,  and  vpon  oath  testifyed,  that  being  a  husking  corne  at 
Mr.  Hollies,  after  they  had  done  they  went  to  a  neighbours 
house  and  staide  aboute  an  hower,  James  Blakman  and  he 
went  to  looke  oxen,  and  aboute  John  Fish  his  house  mett  wUi 
Sarah  Eland  and  staide  a  litle,  talking  w4i  her,  John  Fish 
came  out  &  said,  Here  is  good  doeings,  thou  rouge  Kimberly, 
I  know  the  well  inough,  but  Nathaniell  Kimberly  was  not 
there.  James  Blakeman  testifyeth  vnder  his  hand  that  him- 
selfe  w^h  Robert  Cranfeild  was  w'h  Sarah  Eland  when  John 
Fish  came  forth  and  said,  Thou  rouge  Kimberly,  I  know  the 
well  enough,  and  that  he  had  allready  taken  oath  that  they 
were  the  pties  w^h  her,  and  not  Nathaniel  Kimberly,  and  shall 
take  oath  of  it  againe  if  legally  called  therevnto. 

John  Fish  was  asked  what  he  said  to  it,  he  said  to  his  appre- 
hension the  oathe  he  hath  taken  is  true,  he  was  told  his  oath 
doth  not  so  run,  but  is  absolute,  and  therfore  he  should  haue 
bine  verey  cleere  in  it,  but  if  he  can  say  no  more  to  cleere 
himselfe,  he  hath  laide  a  gross  slander  vpon  the  two  young 
[101]  men  charged,  ||  and  cofnitted  perjury,  takeing  Gods 
name  in  vayne,  in  takeing  an  oath  which  now  appeares  to  be 
false. 

Joseph  Whitman  was  plantiff  against  the  said  John  Fish, 
for  the  same  thing,  and  John  Fish  was  asked  if  he  can  say 
anything  more  to  cleere  himselfe  in  this  case  then  in  the 
former,  he  said  he  can  say  litle,  but  leaues  it  to  the  court. 

After  consideration,  the  court  proceeded  to  sentenc,  and 
told  John  Fish  that  for  the  matter  of  perjury,  they  medle  not 
w4i  it,  but  leaue  it  to  the  authority  in  that  colony  where  it 
was  comitted,  but  for  the  slander,  it  is  high  and  heauy  vpon 
both  the  young  men,  as  doth  plainly  appeare  by  the  euidence 
giuen  in,  and  therefore  he  is  to  paye  to  each  of  them,  (namely 
Nathaniell  Kimberly  and  Joseph  Whitman,)  hue  pound,  the 
charges  of  the  court  being  included,  and  Phillip  Groue  and 
Mr.  IJoUy  of  Stratford  ingaged  that  the  said  somes  should  be 
paide  wUiin  three  monethes. 

Elizabeth  Godman  was  called  before  the  court  and  told  that 
vpon  grounds  formerly  declared,  wh  stand  vpon  record,  she 
by  her  owne  confession  remaines  vnder  suspition  for  witch- 


152  RECORDS   OF   THE  [1655 

craft,*  and  one  more  is  now  added,  and  that  is,  that  one  time 
this  last  summer,  comeing  to  M''.  Hookes  to  beg  some  beare, 
was  at  first  denyed,  but  after,  she  was  oifered  some  by  his 
daughter  which  stood  ready  drawne,  but  she  refused  it  and 
would  haue  some  newly  drawne,  w^h  she  had,  yet  went  away 
in  a  muttering  discontented  manner,  and  after  this,  that  night, 
though  the  beare  was  good  and  fresh,  yet  the  next  morning 
was  hott,  soure  and  ill  tasted,  yea  so  hott  as  the  barrell  was 
warme  w'hout  side,  and  when  they  opened  the  bung  it  steemed 
forth ;  they  brewed  againe  and  it  was  so  also,  and  so  contin- 
ewed  foure  or  fine  times,  one  after  another. 

She  brought  diuers  psons  to  the  courj:  that  they  might  say 
something  to  cleere  her,  and  much  time  was  spent  in  hearing 
y'",  but  to  litle  purpose,  the  grounds  of  suspition  remaining 
full  as  strong  as  before  and  she  found  full  of  lying,  wherfore 
the  court  declared  vnto  her  that  though  the  euidenc  is  not 
sufficient  as  yet  to  take  away  her  life,  yet  the  suspitions  are 
cleere  and  many,  w^h  she  cannot  by  all  the  meanes  she  hath 
vsed,  free  herselfe  from,  therfore  she  must  forbeare  from  goe- 
ing  from  house  to  house  to  give  offenc,  and  cary  it  orderly  in 
the  family  where  she  is,  w'^h  if  she  doe  not,  she  will  cause  the 
court  to  comitt  her  to  prison  againe,  &  that  she  doe  now  pres- 
ently vpon  her  freedom  giue  securitie  for  her  good  behauiour ; 
and  she  did  now  before  the  court  ingage  fifty  pound  of  her 
estate  that  is  in  M"".  Goodyeers  hand,  for  her  good  behauiour, 
w'^h  is  further  to  be  cleered  next  court,  when  M^.  Goodyeare 
is  at  home. 

*  On  the  7tli  of  August,  1655,  Mrs.  Godman  had  been  brought  before  the  town  court 
of  New  Haven,  the  old  charges  against  her,  in  August,  1653,  were  brouglit  up  again, 
and  several  fresh  ones  added  of  a  similar  character.  Goodwife  Thorpe,  whose  chick- 
ens had  formerly  been  "  consumed  in  y^  gisard,"  had  been  in  fresh  trouble  about  her 
cows;  some  had  been  afflicted  with  reference  to  their  pigs  and  calves,  others  had 
"  met  w'h  many  hinderances"  in  churning,  and  Mr.  Goodyear  having  "  warned  her  to 
provide  her  another  place  to  Hue  in,"  had  met  with  "  a  very  great  disturbance  in  his 
family  in  the  night,"  etc. 

The  court  ordered  "  that  she  be  comitted  to  prison,  ther  to  abide  the  courts  pleasure, 
but  because  the  matter  is  of  weight,  and  the  crime  whereof  she  is  suspected  capitall, 
therefore  she  is  to  answer  it  at  the  court  of  magi^rats  in  October  next."  She  was, 
"  w'''  respect  to  her  health,"  released  from  prison  Sept.  4th,  though  warned  at  her  peril 
to  appear  at  the  court  of  magistrates,  and  was  told  that  she  must  not  go  up  and  down 
among  her  neighbors  to  give  offence,  nor  come  to  the  contribution  as  she  hath  formerly 
done.  She  was  suffered  to  dwell  in  the  family  of  Thomas  Johnson,  where  she  con- 
tinued till  her  death,  October  9th,  1660.  N.  H.  Town  Rec.  ii.  174,  179. 


1655]  JURISDICTION   OF   NEW   HAVEN.  153 

[102]  At  a  Generall  Court  held  at  Newhauen  for  the 
Jurisdiction,  the  19ti'  of  October,  1655. 
Present. 
Magistrals. 
Theophiliis  Eaton,  Esq"",  Gouerno^ 
Francis  Newman,       \ 
M"^.  AVilliam  Leete,    >  Magistrals. 
M"".  Benjamin  Fenn,  ) 

Deputies. 

My.  John  Wakeman,    )  n^y     , 

Mr.  William  Gibbard,  \  Newhauen. 

Eobert  Treate,    )  nr-i^'    ^ 
Thorn:  Welch,    |  ^^'^^'''^' 

Leiutenn*  Chitendinc,    ]  r^    -ip    j 
Georg  Hubbard,  \  ^^^^l^rd. 

M^  Crane,  )  t5  .      if  .i 

Leiutenn*  Swaine,  J 

A  letter  from  Southold  from  Jn"  Tucker  was  presented  and 
read  to  the  court,  wherin  he  informes  of  his  abillitie  and 
intendment  to  make  Steele  there,  or  in  some  other  plantation 
in  this  jurisdiction,  if  he  may  haue  some  things  granted  he 
therin  propounds,  w<=h  the  court  considered  of,  and  for  that 
w<^h  concernes  the  jurisdiction,  they  are  willing  to  grant,  and 
for  that  W^li  belongs  to  Southold,  as  the  takeing  clay  or  wood 
out  of  any  mans  ground,  they  leaue  it  to  the  towne  where  he 
setts  it  vp,  not  being  willing  in  this  case  to  medle  w'h  any 
mans  proprietie. 

The  conclusions  of  the  comissionrs  at  their  last  meeting  at 
Newhauen  were  read,  wherein  they  tooke  notice  of  a  letter 
that  Major  Willard  wrote  to  the  comission'^s,  w'h  a  narrative 
of  his  pceeding  last  yeare  against  Ninigret,  and  of  the  comis- 
sion^s  answer  to  Jiim,  and  for  the  matter  therin  refferred  to 
the  seuerall  gen:  courts,  they  are  willing  to  suspend  their 
owne  thoughts  till  tliey  may  know  what  the  other  collonies 
doe,  but  by  what  appeares  to  them,  they  see  cause  to  judg 
that  he  did  not  attend  his  comission. 
20 


154  RECORDS   OF  THE  [1655 

It  is  ordered  that  all  beare  barrells  to  be  made  or  sent  forth 
of  this  jurisdiction,  wh  are  reckoned  for  quarter  caske,  shall 
be  of  the  same  size  that  quarter  caske  are  made  for  flesh,  that 
is  thirty  one  gallons,  or  w'hin  halfe  a  gallon  ouer  or  vnder,  as 
it  was  ordered  the  last  generall  court. 

Vpon  the  desire  of  William  Judson,  and  considering  his  age 
and  weakness,  the  court  abated  him  forty  shillings  of  the  fine 
of  ten  pound,  laide  vpon  him  by  the  court  of  magistrats  in 
May  last. 

And  the  same  abatement  is  granted  to  Hanah  Spencer  in 
her  fine  of  ten  pound  w'^h  was  then  laid  also. 

It  is  ordered  that  during  this  time  of  the  scarcitie  of  salt, 
no  man  in  the  jurisdiction  shall  paye  to  the  treasurer  any  flesh 
for  rates  vnless  he  haue  salt  to  pack  it  vp  or  be  willing  to 
receiue  it,  haueing  due  meanes  to  dispose  of  it  to  some  to 
whom  the  jurisdic.  is  indebted,  and  that  (till  the  court  sees 
cause  to  alter  it)  no  beefe  be  paid  for  rates  at  aboue  two  penc 
three  farthings  a  pound,  and  porke  at  three  penc  three  far- 
things, vnless  it  be  paid  w'h  tallo  and  suit  round,  and  then  it 
shall  goe  at  three  penc  and  foure  pence,  and  if  it  be  paid  in 
barrells,  it  is  to  be  after  the  same  proportion. 

It  is  ordered  that  a  day  of  thanksgiuing  shall  be  kept  by  this 
jurisdiction  vpon  the  fourth  day  of  the  next  weeke  but  one, 
which  will  be  the  last  day  of  this  instant  October,  for  the 
mercies  of  the  yeare  past,  and  that  that  day  fortnight,  w<^h 
[103]  will  be  the  14th  of  Nouemb-",  shall  be  kept  a  day  ||  of 
solemne  humiliation  to  seeke  God  in  fasting  &  praire,  for  our- 
selues,  our  native  cuntry,  and  for  the  poore,  distressed,  afflicted 
protestants,  w^h  are  sorely  persecuted  by  the  duke  of  Sauoy. 

The  lawes  w*^h  at  the  courts  desire  haue  bine  drawne  vp  by 
the  gouerno'',  viewed  and  considered  by  the  elders  of  the  juris- 
diction, were  now  read  and  seriously  weighed  by  this  court, 
and  by  vote  concluded  and  ordered  to  be  sent  to  England  to 
be  printed,  w^h  such  oathes,  forms  and  presidents  as  the 
gouerno""  shall  thinke  meete  to  pu^  in ;  and  the  gouerno''  is 
desired  to  write  to  M^.  Hopkins,  and  M"".  Newman  to  his 
brother,  to  doe  the  best  they  can  to  get  fine  hundered  of  them 
printed  and  sent  ouer  heither,  and  that  they  would  lay  ou.t  the 


1655]  JURISDICTION  OP  NEW  HAVEN.  155 

money,  w^h.  the  court  conceiues  will  be  aboiite  ten  pound, 
and  they  leaue  it  to  the  gouerno""  &  Francis  Newman  to  agree 
w'h  Ensigne  Bryan  or  some  other,  vpon  as  good  termes  as  they 
can,  to  paye  ten  pound  for  them  in  England,  or  if  they  cannot, 
to  finde  out  some  other  meanes,  by  sending  some  pvission  to 
Barbadoes,  though  it  be  to  the  valew  of  twenty  pound,  that 
the  pduce  of  it  may  be  sent  to  England  for  the  jurisdictions 
vse ;  and  that  so  soone  as  they  are  fitt  to  send  away,  if  no 
opptunity  present  to  send  them  to  the  Baye  to  goe  by  the  next 
shipps,  that  they  hire  a  messenger  on  purpose,  to  cary  them 
at  the  jurisdictions  charge. 

The  Court  declared  that  the*  law  aboute  fences,  now  made  & 
ordered  to  be  printed,  is  not  to  alter  any  just  agreement  aboute 
fences,  in  any  plantation,  formerly  made  and  now  standing  in 
force. 

The  law  concerning  straies  now  ordered  to  be  printed,  is 
for  the  most  pt  the  same  as  before,  yet  there  being  some  things 
in  it  altered,  the  court  thought  meete  to  declare  and  order 
that  those  alterations  should  now  be  published,  and  from  the 
said  publication  be  of  force  in  y  jurisdiction;  and  first, 
whereas  it  was,  that  if  w4iin  two  yeares  the  owner  appeare,  he 
should  haue  the  valew  of  y^  stray  or  goods  according  to  the 
forementioned  apprisment,  now  it  is  ordered  to  be  w^hin  three 
yeares;  and  whereas  before,  all  charges  being  paid,  the  straye 
or  goods  went  wholy  to  the  finder  if  the  owner  appered  not  in 
that  time,  now  it  is  ordered  that  after  all  damages  or  charges 
to  the  finder  &  officers  is  deducted  &  paid,  the  rest  shall  by 
sentenc  of  the  plantation  court,  or  where  there  is  no  court,  by 
indifferrent  men  chosen,  be  ordered  &  equally  deuided,  the 
one  halfe  to  ye  plantation,  the  other  halfe  to  y«  finder. 

To  prevent  much  inconvenienc  w<^li  may  grow  by  gameing,  it 
is  ordered  that  no  pson  who  either  as  an  inkeeper  or  seller  of 
strong  liquoi's,  wine  or  beere,  intertaines  strangers  or  others  to 
lodg  or  eate  or  drinke,  shall  pmitt  or  suffer  any  to  vse  the  game 
of  shuffle  board,  or  any  other  gameing,  w^hin  his  house  or  lymits, 
vnder  the  penaltie  of  twenty  shillings  for  euery  time  so  offend- 
ing, and  what  euer  pson  or  psons  shall  so  play  or  game  in  any 
such  house  or  place  or  in  any  other  gameing  house,  wher  ther 


156  RECORDS   OF  THE  [1655 

is  common  resort  to  such  playe  or  gameing,  shall  forfeite  for 
euery  such  offence  fine  shillings,  and  whosoeuer  shall  so  play 
or  game  for  money  or  money  worth,  shall  further  forfeite 
double  the  valew  thereof,  one  halfe  to  the  informer,  and  the 
rest  to  the  plantation  w^hin  the  lymitts  whereof  he  so  played 
or  gamed. 

Richard  Baldwin  of  Milford  declared  to  the  court  that  he 
hath  vnderstood  from  them  that  they  did  desire  some  further 
information  aboute  Paugaset,  he  hath  accordingly  indeauoured 
[104]  II  to  speake  wUi  them  who  haiie  an  interest  there,  and 
hath  spoken  wt^h  all  but  two,  and  they  haue  made  their  minds 
thus  farr  knowne,  &  desired  to^informe  the  court  that  they  are 
thankfull  that  the  court  will  take  that  matter  into  their  con- 
sideration, and  that  they  are  verey  willing  and  desierous  to 
haue  it  vnder  this  jurisdiction  vpon  the  considerations  here- 
after exprest. 

1.  First,  that  they  may  stand  vpon  their  owne  account  in 
relation  to  y^  jurisdiction,  w^hout  beeing  vnder  any  other 
plantation. 

2.  That  they  may  haue  alowanc  of  the  court  to  purchase 
convenient  lands  for  ye  accomodations  of  a  small  plantation 
there. 

3.  That  they  may  haue  libertie  to  chuse  out  from  among 
themselues  one  that  may  be  a  help  to  them  to  cary  on  the 
affaires  of  the  place,  that  things  may  be  proceeded  in  orderly, 
and  that  he  may  be  impowered  to  call  meetings,  put  warrants 
in  execution,  wh.  authority  shall  send  theither,  and  moderate 
things  for  ye  peace  and  good  of  tlie  place. 

4.  That  the  court  would  be  pleased  to  forbeare  them  any 
rates  for  foure  or  five  yeares,  for  they  must  now  paye  ye  pur- 
chase at  present  and  be  at  charge  to  purchase  more,  they  haue 
also  their  interest  at  Milford  and  shall  be  lyable  to  rates  there, 
beside  other  large  expences  w-h  such  new  beginnings  call  for. 

To  w^h  the  Court  returned  this  following  answer  to  Rich- 
ard Baldwin,  who  appeared  in  ye  name  of  ye  rest. 

That  they  had  considered  the  seuerall  things  propounded, 
and  according  to  their  desire  they  doe  accept  him  and  ye  rest 
of  y*^  company,  (whose  names  wer^  now  giuen  in,)  and  the 
place  called  Paugaset,  vnder  the  jurisdiction,  and  from  henc- 
forward  shall  looke  vpon  it  as  a  pt  thereof. 


1655]  JTJEISDICTION   OF  NEW   HAVEN.  157 

1.  And  first,  the  court  ghies  libertie  that  if  y^  place  vpon  a 
serious  view  be  found  fitt  for  a  small  village,  they  grant  them 
libertie  so  to  be,  w'hout  being  vnder  Newhauen  or  Milford. 

2.  They  doe  also  condescend  that  they  shall  haue  libertie  to 
purchase  what  lands  they  can  of  y^^  Indians  suitable  to  this 
village  intended,  provided  it  be  without  prejudice  to  these  two 
plantations,  or  to  y*^  hindering  of  any  other  plantation  that 
may  be  set  vp  hereafter  further  into  y^  cuntry. 

3.  They  are  willing  that  one  from  among  themselues,  such 
as  the  court  shall  approve  of,  shall  be  intrusted  w^h  power  & 
authoritie  to  call  meetings,  execute  warrants,  moderate  in 
cases  of  diiferrence,  and  take  y*  best  course  he  can  to  cary  on 
things  in  an  orderly  and  peacable  way. 

4.  They  are  contented  that  what  estate  they  haue  wholy 
imployed  at  Paugaset  shall  bee  rate  free  for  three  yeares. 

W<=h  things  were  thankfully  accepted,  and  Paugaset  declared 
to  be  vnder  and  a  part  of  this  jurisdiction. 

Richard  Baldwin  was  now  appointed  to  be  ye  man  to  cary 
on  ye  trust  before  mentioned,  hee  also  now  declared  that  they 
did  intend  to  purchase  large  tracts  of  land  of  the  Indians,  but 
when  they  liaue  done  they  should  submitt  it  all  to  this  court 
to  alott  them  out  such  a  proportion  as  should  be  thought  meete 
for  them, 

M^  Crane  and  George  Hubbard,  two  of  y^  present  deputies 
and  not  interessed  in  this  present  question,  were  desired  now 
before  they  goe  home  to  take  so  much  paines  as  to  goe  to  Pau- 
gaset, (and  that  one  from  Newhauen  and  one  from  Milford  goe 
w'h  yn  to  informe,)  and  that  they  would  judg  whether  this 
village  intended  will  be  any  such  considerable  prejudice  to 
Newhauen  or  Milford,  so  as  that  it  should  be  hindered  thereby, 
and  to  return  their  thoughts  to  y^  gouerno"",  who  alltogether 
may  judg  off  and  determine  the  case. 


158  RECORDS  OF  THE  [1656 

[105]  At  a  Court  of  Magistrats  held  at  Newhauen  for 
THIS  Jurisdiction,  the  2Q^^  of  May,  1656. 
Present, 
Theophilus  Eaton,  Esqi".  Gouerno''. 
M"".  Stephen  Goodyeare. 
Francis  Newman,      ^ 
M''.  William  Leete,   >  Magistrats. 
M^  Benjamin  Fenn,  ) 

The  last  will  and  testam*^  of  Richard  Mansfeild  late  of  New- 
hauen deceased,  was  presented,  made  the  8*^  of  January,  1654, 
proued  by  y^  oath  of  Dauid  Atwater  and  William  Potter,  at  a 
court  held  at  Newhauen  y''  6'^  of  March,  1654. 

An  inventory  of  the  estate  of  the  said  Richard  Mansfeild 
was  presented,  amount,  to  895:  01:  06,  prised  aboute  the 
moneth  of  May,  1655,  by  William  Bradley,  Dauid  Atwater  and 
William  Potter,  and  by  them  testified  vpon  oath  to  be  a  true 
apprismt,  at  a  court  held  at  Newhauen  5^*1  February,  1655. 

An  inventorie  of  the  estate  of  John  Tompson  late  of  New- 
hauen, was  presented,  amount,  to  229^ :  08^ :  Ol'^ :  prised  by 
Richard  Miles  and  Henry  Lindon,  and  by  them  testifyed  vpon 
oath  to  be  a  true  apprismen*,  at  a  court  held  at  Newhauen 
the  5th  of  February,  1655. 

The  last  will  and  testam^  of  Robert  Plum  of  Milford,  was 
pi'sented,  made  the  25*^  of  July,  1655,  proued  by  his  owne 
hand  and  scale,  and  witnessed  to  by  Richard  Baldwin  & 
Michell  Tompkins  vpon  oath,  at  a  court  held  at  Millford  the 
17th  of  Decembr,  1655. 

An  inuentorie  of  the  estate  of  the  said  Robert  Plum  was 
presented,  amount,  to  three  hundered  pounds  two  shillings 
five  penc,  prised  by  Alexander  Bryan  and  Richard  Piatt,  and 
by  them  testifyed  vpon  oath  to  be  a  true  apprismt,  at  a  court 
held  at  Milford,  the  7'^  of  December,  1655. 

The  last  will  and  testam*  of  James  Haines  of  Southold  was 
presented,  made  the  21*^  of  March^l652,  proued  by  his  owne 
hand,  and  witnessed  by  M"".  John  Youngs,  pastor  of  the  church 
there,  and  John  Herbert. 

An  inventorie  of  the  estate  of  the  said  James  Hindes  was 


1656]  JTTEI8DICTI0N  OP  NEW  HA  YEN.  159 

also  presented,  amount,  to  123:  05:  04^,  made  the  18th  9th 
m°,  1655,  prised  by  Barnabas  Horton  and  Thom:  More,  and 
by  them  testifyed  vpon  oath  at  Southold,  before  the  constables 
there. 

The  last  will  &  testam*  of  M^.  Frost  of  Southold  was  pre- 
sented, proued  by  the  oath  of  John  Conckclyne  and  Thom. 
Brush  before  ye  constables  at  Southold,  the  IT^h  of  May,  1656. 

An  inuentorie  of  the  estate  of  the  said  M'  Frost  was  also 
presented,  amount,  to  29':  01^:  00*1,  prised  by  Barnabas 
Horton  and  Thom.  More,  and  by  them  testifyed  to  vpon  oath 
before  the  constables  at  Southold,  made  the  18th  9th  jjio,  1655. 

The  last  will  and  testamt  of  goodwife  Basset  of  Stamford 
was  presented,  made  the  5th  of  4th  monefh,  1653,  and  now 
proued  by  M^.  John  Bishop  vpon  oath. 

An  inuentorie  of  y^  estate  of  Jn^  Whitmore  was  presented 
from  Stamford,  amount,  to  two  hundered  &  seuenteene  pound, 
foure  shilling  two  penc,  made  the  8th  December,  1648,  prised 
by  Eobert  Hustis  &  Jeffery  Ferris. 

An  inuentorie  of  the  estate  of  Vincent  Simkins,  late  of 
Stamford  deceased,  was  p^'sented,  amount,  to  50'-00-00,  prised 
by  Jno  Holly  and  Jn°  Waterberry,  in  Nouem'  1653. 

M"".  Herbert  of  Southold  informed  the  court  that  James 
Hindes,  of  their  towne  deceased,  made  a  will,  (w^h  was  now 
[106]  presented  to  y«  court,)  wherin  he  giues  ||  away  his 
estate  to  his  wife,  but  none  to  his  chilldren,  and  he  being  one 
of  the  ouerseers  appointed  by  the  said  will,  hearing  that  his 
widdow  was  aboute  to  dispose  of  herselfe  in  marriage,  went  to 
her  and  desired  her  to  giue  something  to  the  chilldren  before, 
she  said  no,  not  till  she  dyed,  but  at  last  yeilded  to  giue  them 
twenty  pound  a  peece,  but  would  not  confirme  it  till  goodman 
Dayton  came,  whom  she  was  to  marrie,  and  though  he  at  first 
dissented,  yet  after  yeilded  to  it,  but  when  writings  should 
haue  bine  confirmed  she  refused. 

Being  now  asked  the  reason  thereof,  she  said  her  husband 
gaue  it  her  and  she  would  keepe  it  while  she  lined,  she  was 
wished  to  consider  if  her  husband  had  giuen  all  away  to  the 
chilldren  and  nothing  to  her  would  not  she  haue  bine  consid- 
ered and  releiued,  men  may  not  make  wills  as  they  will  them- 


160  RECORDS   OF   THE  [1656 

selues,  but  must  attend  the  miude  of  God  in  doeing  the  same, 
who  doth  pvide  that  chilldren,  (vnless  weightie  reason  be  to 
the  contrary,)  shall  haue  portions,  and  the  eldest  a  double 
portion,  therfore  the  rest  must  have  a  part,  and  the  Apostle 
saith  it  is  the  duty  of  parrents  to  lay  vp  for  their  chilldren, 
therfore  if  they  will  consider  and  agree  among  themselues,  it 
will  well  satisfye  the  court,  but  if  not  then  the  court  must 
issue  it. 

After  some  debate  amonge  themselues,  they  desired  the 
court  to  issue  it,  who  were  informed  by  goodman  Dayton  that 
a  cow  and  calfe  is  lost  sine  the  goods  were  prised,  and  three  or 
foure  goates,  and  y^  house  and  land  is  prised  very  much  too 
deare,  also  that  the  eldest  sonn  had  his  fathers  tooles  giuen 
him,  all  w^h  the  court  tooke  into  consideration,  and  by  way  of 
sentenc  did  order,  that  the  loss  of  y^  cow  and  calfe  w^h  the 
goates,  be  borne  both  by  mother  and  chilldren,  and  also  what 
loss  shall  appeare  to  be  in  the  house  and  land,  and  that  the 
tooles  be  reckoned  as  pt  of  the  estate,  w^h  were  not  before 
prised,  &  then  the  estate  as  it  appeares  to  be,  be  equally 
deuided,  one  halfe  to  the  mother,  the  other  halfe  to  the  chill- 
dren, out  of  w^h  the  eldest  is  to  have  a  double  portion  of  w<=h 
the  tooles  to  be  a  part,  and  if  the  chilldren  be  put  out  to  trades, 
w<=h  shall  be  done  w'h  the  consent  of  y^  ouerseers,  what  shall 
bee  necessary  in  point  of  charge  to  put  y™  forth  shall  come 
out  of  their  owne  portions,  and  till  this  be  pformed  by  Ralph 
Dayton,  his  bond  whereby  he  was  bound  to  appeare  at  this 
court,  is  to  stand  in  force,  w<=h  bond  was  now  deliuered  to 
Leiutenant  Budd,  w^h  order  that  when  y"^  sentenc  is  fullfilled 
he  haue  his  bond  in,  and  also  a  further  discharge  from  the 
ouerseers  for  so  much  as  they  receive  to  improve  for  y^  chil- 
drens  vse. 

After  w°h,  goodman  Dayton  informed  the  court  that  what 
was  done  in  the  case  betwixt  his  wife  and  chilldren  doth  well 
satisfye  them,  onely  he  further  declared  that  before  James 
Hindes  dyed,  he  desired  that  M^.  Herbert  might  be  put  out 
from  being  one  of  the  ouerseers  and  M^  Wells  put  in  his 
roome.  The  court  told  him  that  they  can  doe  nothing  w^hout 
proofe,  but  if  M^.  Herbert  desires  to  be  free,  and  if  it  be  proved 


1656]  JURISDICTION   OF  NEW  HAVEN.  161 

that  it  was  the  mans  minde  before  he  dyed,  they  are  willing 
vpon  goodman  Daytons  desire,  that  the  two  deputies  now 
present,  Barnabas  Horton  &  William  Furrier,  should  joyne 
with  Mr.  Younge  the  other  ouerseer,  to  take  care  of  the  chill- 
dren  and  their  estates,  that  they  may  be  put  out  to  trades  and 
their  estates  improved  to  their  advantage. 

A  case  was  propounded  by  one  Benjamin  of  Southold,  con- 
cerning two  cowes  Wh  he  hired  of  M^.  Frost,  who  lined  at 
their  towne  and  is  now  dead,  and  as  is  testifyed  vpon  oath, 
[107]  gaue  his  1|  estate  to  John  Conckclyne  senior,  of  South- 
old,  who  now  requires  the  two  cowes  of  the  said  Benjamin,  but 
he  refuseth  to  deliuer  them  w^hout  order  from  this  court, 
wherefore  it  is  now  ordered,  that  the  saic^two  cowes  shall  be 
deliuered  to  John  Conckclyne,  w'h  the  other  estate  of  M"". 
Frost,  and  ye  deputies  of  Southold  were  now  ordered  to  take 
securitie  of  the  said  Conckclyne,  that  if  any  other  can  show  a 
better  right  to  the  estate  then  he,  he  shall  be  lyable  to  make  it 
good. 

A  small  estate  was  brought  from  Southold  by  M"".  Jno  Her- 
bert, and  by  order  from  the  gouernour  was  deliuered  to  the 
marshall  who  tooke  an  inuentorie  of  the  same,  and  was  the 
estate  of  one  Robin,  an  Indian  w^h  some  time  lined  at  Flushing, 
but  now  lately  at  Southold,  and  is  brother  to  Capsha,  a  Quell- 
ipiack  Indian,  (w^h  Bobbin  vpon  some  discontent  hanged  him- 
selfe  at  Southold.)  The  Court  now  considered  to  whom  this 
estate  did  of  right  apptaine,  and  for  their  better  information 
sent  for  the  Indian  sagamore  and  some  other  Indians,  both 
young  &  old,  and  demanded  who  was  the  right  hejre  of  this 
Bobbin.  They  all  declared  Capsha,  who  is  his  owne  brother, 
though  he  hath  another  brother  w^h  is  elder  amonge  the 
Mohaukes,  but  they  know  not  but  he  may  be  dead,  but  if  he 
appeare,  he  must  and  shall  haue  a  part,  but  from  the  court 
they  would  expect  no  more,  if  what  is  now  in  their  power  was 
deliuered  to  the  said  Capsha.  Wherevpon  the  court  conceiu- 
ing  it  to  be  right,  ordered  that  Capsha  shall  haue  that  estate 
in  the  marshalls  hand  deliuered  to  him  before  witnes,  takeing 
in  writing  what  he  so  deliuers,  and  that  he  also  haue  a  barrell 
of  beefe  W^h  is  at  Southold,  w^h  he  saith  M'".  Herberts  man 
21 


162  RECORDS  OF   THE  [1656 

proffered  him  ten  faddom  of  wampom  for,  w<=h  the  court 
approued  of,  onely  the  said  Capsha  was  told  that  he  must 
paye  to  the  marshall  what  is  just,  for  trouble  and  time  he 
hath  spent  &  bine  at  in  this  buisnes. 

The  Court  vnderstanding  their  is  some  money  due  from  M^. 
Hudson  of  Newhauen  for  the  house  he  bought,  (w<=h  was  M^ 
Westerhouses,)  to  the  valew  of  thirty  pound  or  more,  did 
now  order  that  the  said  money  be  presently  required,  but  if 
he  will  ingage  to  paye  to  the  treasurer  the  said  some  due,  both 
for  house  and  some  rent  due  before,  in  beauour  a  yeare  hence, 
then  he  shall  haue  it  still  remaine  in  his  hand  vpon  due 
securitie  giuen,  but  if  that  be  not  accepted  and  lie  yet  desire 
to  reteyne  the  money  in  his  hand,  he  shall  giue  such  alowanc 
as  is  fitt  in  a  moderate  way  for  the  good  of  the  creditors,  and 
binde  himselfe  and  the  said  house  for  securitie  of  the  same, 
the  transacting  of  w^h  buisnes  they  wholy  leaue  to  Newhauen 
court. 

John  Mead  of  Stamford  entered  an  action  of  y^  case  against 
Richard  Law  of  Stamford,  and  declared  that  the  said  Richard, 
being  constable  in  the  place  and  to  execute  justice  to  all 
in  an  equall  way,  had  denyed  justice  to  him  in  refusing  to 
giue  him  an  attachment  to  recouer  some  damage  that  he  had 
suffered  in  his  corne. 

To  w^h  Richard  Law  answered,  that  he  came  for  an  attachm* 
that  he  might  take  the  estate  of  one  w'^h  he  knew  was  not  to 
paye,  nor  had  he  any  thing  to  attach  but  the  cloathes  to  his 
back,  and  they  were  not  his  owne  neither,  but  he  told  John 
Mead  that  what  was  due  for  him  (against  whom  he  desired 
the  attachment)  to  paye,  he  should  haue  the  money  paid  him 
the  next  day,  but  he  refused  and  would  haue  the  mans  estate 
for  that  w^'h  other  men  were  to  paye. 

Li  opening  of  this  case,  (w^h  was  long  &  tediouss,)  the  court 
saw  plainly,  &  therfore  declared,  that  Richard  Law  had  done 
Jno  Mead  no  wronge  in  this  matter  nor  had  he  any  cause  to 
complaine  thereof. 

John  Mead  further  declared  that'Richard  Law  had  in  exam- 
ining some  witnesses  for  him  showed  much  discontent,  and 
liad  expressed  himselfe  against  him  in  a  threatening  way,  say- 


1656]  JUEISDICTION  OF  NEW   HAVEN.  163 

ing  he  woiild  not  leaue  him  worth  a  groate,  w«=h  thmg  Kichard 
Law  did  not  wholy  deny,  but  said  it  is  like  being  pvoaked  by 
his  froward  carriage  he  might  speake  some  words  in  discontent, 
and  vnderstanding  that  John  Mead  did  much  villifye  him  and 
reproach  him  for  denying  justice  (as  he  said)  in  the  case  before 
mentioned,  said  he  would  cleere  himselfe,  though  he  left  not 
[108]  John  Meade  nor  himselfe  ||  worth  a  groate. 

The  Court  though  they  approue  not  John  Meade  in  his  way 
of  provoakation,  yet  they  witnessed  against  Richard  Law  for 
these  speeches,  and  he  freely  owned  them,  and  said  he  sees  the 
euill  of  his  spirit  and  speech  in  them  and  is  sorrey  for  it,  but 
Jno  Meade  was  asked  what  wrong  this  is  to  him,  or  wherin  he 
hath  bine  damnifyed  thereby,  to  W\\  he  could  say  nothing  but 
that  it  was  a  griefe  to  him  and  to  his  father. 

Hee  further  declared  that  Richard  Law  had  spoken  vntruthes 
of  him  in  saying  that  he  was  one  Turners  agent,  in  a  buisnes 
in  the  towne  meeting  at  Stamford,  but  Richard  Law  said  he 
did  not  say  so,  but  when  Turner  was  called  and  not  there,  he 
said,  Here  is  John  Meade  wh  I  suppose  may  be  his  agent,  and 
the  reason  he  so  spake  was  because  that  Jn^  Meade  and  that 
Turner  had  bine  at  his  house  a  litle  before,  and  Jn"  Meade 
did  seeme  strongly  to  plead  the  case  of  the  said  Turner ;  also 
Jn"  Mead  would  haue  charged  another  vntruth  vpon  Richard 
Law,  because  he  said  that  Turner  &  he  came  to  his  house 
together,  w^h  Jn"  Meade  said  was  vntrue,  yet  no  other  then 
thus,  that  Turner  came  first  to  Richard  Law  in  his  yard  as  he 
was  at  worke  aboute  his  barne,  and  quickly  after  came  John 
Meade  and  they  went  into  the  house  together. 

John  Meade  was  told  that  he  hath  troubled  himselfe  and 
this  court  w*h  things  of  litle  weight  and  moment,  and  for  the 
latter  passages,  they  are  but  turnes  &  equiuocateing  wayes,  for 
here  was  no  vntruth  in  these  speeches,  therfore  he  had  no 
cause  to  complaine,  but  if  he  haue  any  more  to  saye,  he  may 
speake,  he  said  no,  but  that  Richard  Law  caried  it  so  in  his 
office  as  hindered  him  in  his  duty,  and  was  required  to  prove 
it  but  could  say  nothing. 

Richard  Law  and  George  Slawson,  deputies  for  the  church 
at   Stamford,  to  make  their  complainte  against  Jn^  Mead, 


164  RECORDS   OF   THE  [1656 

declared  that  the  said  John  had  said  to  Francis  Bell,  that 
Thomas  Hunt  should  say  that  he  would  git  into  the  church 
shortly,  and  then  he  should  haue  libertie  to  lye,  or  steale,  or 
be  drunke,  or  any  thing.  Jn"  Mead  owned  that  he  did  speaks 
these  words,  and  that  he  at  first  hearing  tooke  it  as  a  scanda- 
louss  speech  against  the  church,  but  he  said  he  heard  it  of 
Thomas  Scott,  but  Richard  Law  said  that  Scott  denyed  it,  and 
yt  the  scoope  of  his  speech  tended  to  cleere  the  church,  as 
appeared  by  a  note  vnder  Scotts  hand,  now  presented  to  the 
court. 

John  Meade  was  told  if  he  can  proue  that  Scott  spake  these 
words,  he  must  be  dealt  w^h,  or  if  not  he,  then  w^h  Thomas 
Hunt,  but  till  he  can  bring  some  other  author,  he  must  lye 
vnder  it ;  and  he  was  further  told  if  he  did  not  intend  to 
slander  the  church,  why  did  he  say  the  next  day  to  Richard 
Law  and  his  sonn  Jonathan,  (when  they  were  speaking  of  this 
matter,)  that  he  wished  the  church  could  cleere  themselues? 
as  Richard  Law  now  affirmeth  and  his  sonn  hath  giuen  in  vpon 
oath,  w°h  was  now  read ;  he  said  he  remembers  it  not,  but  if 
he  did  speake  so,  it  was  weakely  spoken,  but  was  told  it  was 
wickedly  spoken. 

Richard  Law  complained  and  desired  the  justice  of  the 
court  against  Jn^  Meade  in  sundrie  cases  wherin  he  hath 
wronged  him,  so  that  it  is  spread  vp  and  downe  the  plantations, 
as  he  comes  betwixt  this  and  Stamford,  to  his  great  disgrace; 
as  first,  that  he  did  deny  him  justice  in  refusing  to  giue  him 
an  attachmt,  w^h  case  the  court  hath  heard;  and  he  hath 
accused  him  before  the  church  as  one  that  villifyed  him  to  the 
church,  and  notw^istanding  all  the  church  could  say,  he  would 
[109]  not  be  satisfyed,  the  ground  whereof  John  Meade  ||  said, 
was  because  Richard  Law  held  it  forth  before  the  church  as  if 
he  had  complyed  w^h  Robert  Basset  in  his  disturbing  way,  and 
was  a  forward  man  against  the  church  and  comon  wealth. 
Richard  Law  replyed  that  he  did  obserue  too  much  forward- 
ness in  John  Meade  that  way,  and  that  he  told  him  one  time 
of  it,  and  he  answered  they  intended  to  rayse  nothing  against 
the  jurisdiction  but  against  the  Duch,  but  all  he  did  in  the 
church  was  to  giue  a  worde  of  advice  to  his  father,  (who  is  a 


1656]  JURISDICTION   OF  NEW   HAVEN.  165 

brother  amonge  them,)  to  couiisell  his  sonns  to  take  heede 
that  they  ruun  not  too  farr  that  way,  and  that  this  was  the 
case  M"".  Byshopp  the  pastour,  Jn^  Holly  and  Jn"  Waterberry, 
two  of  ye  bretheren,  affirmed. 

S'^iy.  Hee  spread  it  abroad  of  him,  that  he  brought  a  lye  to 
the  towne-meeting,  w^h  was  the  case  before  mentioned  con- 
cerning Turner. 

4.  Hee  hath  said  that  he  forged  an  agreem^  made  betwixt 
Jno  Waterberry  &  widdow  Turner,  w^h.  M^.  Goodyeare  now 
testifyed,  who  saw  that  writing  at  Stamford,  and  told  Jn^ 
Meade  that  it  is  thus  and  thus  expressed  in  a  cleere  way ;  Jn" 
Meade  then  replyed,  I,  that  is  goodman  Laws  putting  in 
vnwarrantably,  and  M^  Byshopp  affirmed  the  same.  Jn" 
Meade  was  asked  what  he  said  to  it,  he  said  he  intended  not 
to  charge  him  w^h  forgery,  but  M''.  Goodyeare  &  M^".  Byshopp 
now  said,  that  he  did  charge  it  as  forgery  at  Stamford,  and 
Francis  Bell  now  said  that  the  agreement  was  right,  that  all 
tlifferrences  were  to  be  issued  betwixt  Jn^  Waterberry  and 
widdow  Turner,  she  was  to  haue  the  boy  and  he  was  to  haue 
of  her  eight  pound,  but  that  night  that  the  buisnes  was  in 
hand,  he  did  obserue  such  carriage  by  Jn"  Meade,  Joseph 
Meade  and  John  Lawde  that  exceedingly  offended  him,  and 
he  professed  if  this  was  their  way  to  carie  it  thus  and  trample 
vpon  authoritie  in  this  manner,  he  would  complaine  of  it 
where  it  might  be  remendied. 

5.  Another  accusation  against  him  was  that  he  would  issue 
no  differrenc  betwixt  ptie  and  ptie  but  he  would  haue  five,  six, 
eight  or  ten  witnesses  vpon  oath,  w<=h  is  vntrue  and  a  slander 
cast  vpon  him.  This  M^  Goodyeare  said  John  Mead  spoke  to 
him  at  Stamford,  and  Jno  Mead  now  ownes  that  hee  said,  that 
it  may  be  when  his  euidenc  comes  forth  goodman  Law  and 
he  should  issue,  for  buisnes  vseth  not  to  be  issued  at  Stam- 
ford wUiout  5,  6,  8  or  10  witnesses. 

6.  Hee  hath  charged  Richard  Law  w^h  falsifying  testimonies 
vpon  oath,  to  cleere  which  M"".  Byshopp  declared  that  Jn" 
Meade  came  to  him  and  desired  that  his  euidences  might  be 
taken  out  of  Richard  Laws  his  hands,  and  gaue  two  reasons, 
first  because  he  is  his  enemie,  2diy,  because  he  had  falsifyed 


166  RECORDS   OF  THE  [1656 

testimonies  vpon  oath ;  M"".  Bysliopp  replyed,  (M*".  Goodyeare 
being  by  and  affirmes  y  same  w^h  M^  Byshop,)  if  this  be  true, 
he  is  not  fitt  for  church  nor  comon  wealth,  John  Mead  said  he 
thought  so,  Mr.  Byshopp  said,  by  this  meanes  you  disable  him 
from  any  publique  place,  Jno  Mead  answered  that  he  intended 
that,  Mr.  Byshopp  said  he  had  better  hopes  of  brother  Law, 
Meade  replyed  he  would  be  of  another  minde  by  May  court ; 
but  to  cleere  this  charge  Jn"  Mead  did  make  nothing  appeare, 
but  the  contrary  did  appeare  by  Eich:  Laws  declareing  his 
manner  and  way  of  examining  witnesses  and  writing  downe 
the  same,  W^li  was  also  further  cleered  by  the  testimony  of 
Richard  Mills  vpon  oath,  wUi  W^h  way  of  pceeding  the  court 
was  satisfyed. 

Lastly,  Rich:  Law  declared  that  Jn''  Mead  hath  not  onely 
charged  him  w^h  all  these  euills,  but  added  this,  that  he  is 
vnder  the  raigne  and  power  of  them ;  Jn"  Meade  owned  it  & 
said  it  was  not  volentarily  spoken  by  him,  but  drawne  from 
him,  and  M^  Byshop  told  Jn^  Mead  that  he  said  so  to  him," 
and  that  he  knew  and  could  prove  it,  and  George  Slawson 
replyed  to  him  that  he  should  not  take  notice  of  euery  fayling ; 
no  said  liee,  all  these  are  raigning  euills  in  goodman  Law; 
Slawson  replyed,  it  is  a  sad  charge ;  Mead  answered,  but  if  I 
make  it  not  out,  my  owne  ruin  and  ouerthrow  will  be  the 
greater. 

[110]  II  Some  differrenc  betwixt  Jn^  Waterberry  and  Jn" 
Mead  was  agitated  before  the  court,  but  in  y^  issue  they 
agreed  betweene  themselues  and  declared  it  to  the  court,  that 
Jno  Mead  paye  Jn"  Waterberry  for  his  jurny  heither,  give 
him  his  he  hath  w'h-held,  though  ye  debt  was  paide,  and 
acknowledg  the  wronge  he  hath  done  him  in  his  name  in 
speaking  reproachfull  words  against  him. 

The  Court  considered  of  these  things  and  doe  looke  vpon 
Jn°  Mead  as  hauing  done  great  wronge  to  Richard  Law  in  his 
place  as  a  publique  officer,  that  he  hath  bine  an  incendiarie 
and  worker  of  great  disturbanc  at  Stamford,  that  he  hath 
highly  slandered  the  church,  &c.,  therfore  they  agreed  for 
the  present  to  coinitt  him  to  prison  till  they  may  further  con- 
sider the  matter. 


1656]  JURISDICTION   OP  NEW   HAVEN.  167 

After  Jiio  Mead  was  comitted  he  sent  a  writing  to  y^  court, 
wherin  he  acknowledgeth  his  miscariages,  and  wUi  what  an 
euill  frame  of  spirit  he  hath  hine  caried  on,  W^h  the  court 
looked  vpon  as  short  in  respect  of  his  sinn,  but  vpon  the 
intreaty  of  M"".  Byshop,  Richard  Law  and  Jn"  Waterberry, 
the  court  inclyned  to  fauour,  and  sent  for  Jn"  Meade  out  of 
prison,  and  declared  to  him,  that  they  did  not  rememb''  that 
they  mett  w'h  such  a  case  since  they  sat  as  a  court,  wherin 
tlieir  hath  bine  so  much  mallic  and  bitterness  of  spirit  in 
psecuting,  both  against  the  church  and  against  Richard  Law, 
the  onely  officer  for  civill  affaires  in  that  towne,  rendering  him 
as  a  most  vile  man,  neither  fitt  for  church  nor  comon  wealth. 

Wherfore  the  court  by  way  of  sentenc  did  now  order,  that 
John  Meade  doe  make  a  full  ackno^vledgm*  at  Stamford,  both 
to  cleere  the  church,  Richard  Law  and  Jn°  Waterbery,  for 
though  he  hath  laid  lieauy  charges,  yet  hath  not  proved  them ; 
that  he  paye  Richard  Law,  towarde  his  charge  and  trouble  in 
this  buisnes,  (he  being  in  other  respects  satisfyed  w4i  his 
acknowledgm%)  tenn  pounds;  and  for  disturbing  the  juris- 
diction, opposing  a  publique  officer,  that  he  paye  as  a  fine  tenn 
pound ;  and  that  he  and  his  brother,  (or  some  other  man  in 
whom  the  court  may  be  satisfyed,)  be  bound  in  a  bonde  of 
fifty  pounds  for  his  good  behauiour  for  time  to  come;  and 
that  he  paye  the  marshall  for  his  trouble  and  charge  twenty 
shillings ;  and  if  this  acknowledgm*  be  not  pformed  at  Stam- 
ford to  satisfaction,  he  is  to  be  bound  ouer  to  answer  it  at  the 
court  of  magistrats  in  Octob''  next.  And  Jn^  Mead  and  Joseph 
Mead  both  entered  into  bond  before  the  court,  that  the  said 
Jno  Mead  shall  behaue  himselfe  peacably  &  not  fall  into  these 
or  the  like  miscariages  againe,  vpon  the  forfeiture  of  the  said 
bond,  to  be  leuyed  vpon  either  or  both  their  estates. 

After  sentenc  Jn^  Mead  acknowledged  his  miscariag  in  his 
abominable  slandering  and  reproaching  the  church,  and  the 
courts  tendernes  notw'hstanding  his  horrible  and  sinnfull  way, 
W^h  hath  proceeded  from  a  bitter  roote  of  prejudice  and  selfe 
confidenc  in  his  owne  way,  w<^h  hath  hindered  him  from  take- 
ing  advice  for  his  good,  and  for  all  the  pticulers  wherein  he 
hath  charged  goodman  Law,  he  confesseth  he  had  no  cause, 


168  RECOEDS   OF   THE  [1656 

and  desires  he  may  be  truely  humbled  for  it,  he  hath  forged 
no  agreem^s,  falsifyed  no  testimonies,  nor  denyed  him  justice, 
&c.,  much  less  had  he  cause  to  say  that  these  were  raigning 
euills  in  him,  but  he  desires  to  take  y^  shame  of  these  things 
to  himselfe,  and  yt  all  others  may  take  warning  by  him,  and 
that  he  may  walke  in  a  better  frame  for  the  future. 

A  fine  of  tenn  pound  w^h  Joseph  Mead  stands  ingaged  for, 
for  his  brother  John  Richardson,  was  now  required,  but  he 
desires  forbearanc  till  next  Michaelmas  and  he  would  then  see 
it  paide,  W^h  was  granted. 


[Ill]   At  a   Couet  of  Elections  held  at  Newhauen  foe 

THE   JUEISDICTION,   THE   28*^    OF   MaY,   1656. 

Theophilus  Eaton,  Esq"",  is  chosen  Gouerno*". 

M^  Stephen  Goodyeare,  is  chosen  Dept.  Gou'. 

Francis  Newman,       ^ 

M"".  Benjamin  Fenn,  >  Magistrats. 

M"-.  William  Leete,   ) 

The  Gouerno"^  and  M"".  Leete  are  chosen  Comission''s,  Fran- 
cis Newman  a  S^  man,  in  case  any  of  the  other  should  be  by 
Gods  prouidenc  hindered. 

Ml".  John  Wakeman  chosen  Treasurer. 

Frances  Newman,  Secretarie. 

Thomas  Kimberly,  Marshall. 


At  a  Generall  Couet  held  at  Newhauen  foe  the  Jueis- 

DICTION,   THE   28'!'    OF   MaY,    1656. 

Present. 
Mag-istrats. 
Theophilus  Eaton,  Esq"",  Gouorno^ 
M'".  Stephen  Goodyeare,^eputie. 
Francis  Newman, 
Mr.  William  Leete,  ^  Ma: 
M^  Benja:  Fenn, 


1656]  JURISDICTION   OP  NEW   HAVEN.  169 

Deputies. 

Mr.  Wakeman,  \  at„™i,„„p„ 
Mr.  Gibbard,      \  ^ewliauen. 

Leiutent  Treate,      /  ^^..n    i 
Tho:  Buckingham,  \  ^^^^^«^'^- 

Lemten*  Chittendine,  ]  r<   •^p    i 
Mr.  Kitchen,  i  CJiiilford. 

Richard  Law,  )  ci,  /.  -, 
u  T>  n  \  fetamford. 
Fran:  Bell,       ) 

Barnabas  Horton,  )  ^  - 1  1 1 
TTTMT  u  •  (  boiithold. 
William  Purrier,    \ 

M^.  Crane,  )  ^  ir>  j 
T  •  ,  o  •  (  Brandiord. 
Leiut.  ■bwaine,  ) 

John  Frost,  seruant  to  M"".  Gibbard,  being  called  and  exam- 
ined aboute  the  burning  his  masters  hou^e,  &c.,  confesseth  as 
he  had  done  in  his  former  examination  before  the  gouerno'', 
the  17"^  of  March  last,  viz*:,  that  he  did  the  day  before,  (being 
the  Saboth,  (in  the  afternoone,  and  after  his  master  and  m^'^ 
were  gon  to  the  meeting,  light  a  peece  of  papr  at  the  fire  in  y^ 
house,  and  caried  it  out  vnder  his  hatt,  that  the  chilldren 
might  not  see  it,  and  went  to  tlie  hey  stack  that  stood  neere 
the  barne,  and  did  on  purpose  kindle  some  hey,  w^h  an  intent 
to  burne  both  hey  and  barne,  and  left  it  smoaking,  and  then 
went  to  the  meeting  house  wt^hout  any  indeauour  to  put  it  out, 
but  desiring  that  it  might  burne,  Wh  accordingly  it  did,  burn- 
ing the  hey  and  barne,  and  after  runn  to  the  dwelling  house 
and  burnt  it  downe  to  the  ground,  w^h  much  goods ;  which 
when  he  saw,  he  said  it  repented  him  and  he  was  sorrcy  that 
he  had  so  done.  Hee  was  asked  what  stirred  him  vp  thus  to 
doe,  and  how  long  these  purposes  haue  bine  in  his  minde,  he 
said  hee  loued  not  to  go&to  plow  w'h  his  master,  because  when 
the  oxen  went  not  right  he  would  knock  him,  and  therfore  lie 
had  a  minde  to  burn  the  hey,  and  he  also  did  it  by  way  of 
reuenge,  because  his  master  had  aboute  six  weekes  before 
whipped  him,  and  from  that  time  he  had  purposes  to  doe  this 
thing,  W^h  he  was  further  stirred  vp  to  doe  aboute  a  fortniglit 
[112]  II  since,  because  his  master  struck  him  a  blow,  .and 
would  haue  done  it  sooner  if  he  could  haue  had  opptunitie  to 
22 


170  (records  of  the  [1656 

doe  it  so  as  no  body  might  see  him  and  had  not  bine  hindered 
by  raine  and  snow  that  fell,  and  he  sometimes  thought  to  doe 
it  in  the  night,  but  that  he  thought  it  might  hurt  their  psons. 

M^  Gibbard  being  present  said,  that  it  is  likely  he  might 
sometimes  knock  him  for  some  miscariages,  as  he  thinkes 
boyes  will  sometime  deserue,  and  he  did  whipp  him  as  he  saith, 
w<=h  was  for  lying,  w^h  he  thought  was  his  duty  to  doe,  and 
he  thinkes  he  did  one  time  strike  him  a  blow  because  he  left 
open  the  dore  and  let  some  calues  goe  in  and  eate  pease,  but 
he  thinkes  if  the  boy  be  considered,  what  he  was  when  he 
tooke  him  and  how  he  is  now,  he  thinkes  it  will  appeare  that 
he  hath  bine  well  vsed  and  hath  not  had  any  immoderate  cor- 
rection ;  and  he  hath  now  of  late  caried  it  in  the  family  so 
pleasantly  as  he  hath  marueled  to  see,  and  pticulerly  the  day 
before  he  did  this  mischeife,  and  that  morning,  w^^h  he  should 
wonder  at  but  that  he  knowes  he  hath  vsed  to  cary  very 
hippocrittically  in  other  things,  and  Frost  being  asked  said  he 
did  carie  it  so  that  he  might  not  be  suspected  for  the  mischeife 
w<=h  he  intended  to  doe. 

Which  being  fully  and  freely  owned  by  him,  the  court 
seriously  considered  what  God  called  for  in  this  case,  and  in 
the  issue  concluded,  that  considering  he  is  young,  (aboute 
fourteene  yeares  of  age,)  and  also  somewhat  childish  in  his 
way,  agreed  to  spare  his  life,  (though  the  offence  be  exceed- 
ing heynious  and  aggrauated  w'h  many  circumstances,)  but 
that  the  following  sentence  should  be  executed  vpon  him,  viz: 
that  the  said  John  Frost  should  be  a  seruant  for  one  and 
twenty  yeares  from  this  time,  fiue  or  six  of  which  yeares 
belongs  properly  to  M"".  Gibbard,  being  a  remainder  of  y^  time 
of  seruice  to  him  due  vpon  former  agreement,  and  for  the 
other  time,  fifteene  or  sixteene  yeares,  be  it  more  or  less,  the 
proffitt  thereof  shall  be  deuided  betwixt  M^  Gibbard  and  M^. 
Wakeman,  (vpon  whom  the  loss  fell,)  in  a  due  poportion 
when  their  seuerall  losses  are  made  knowne;  that  he  be 
seueerly  whipped  w'h  rods  fitt  for  that  purpose ;  that  he  weare 
a  halter  about  his  necke  and  a  small  light  lock  vpon  his  legg, 
so  as  they  may  be  scene ;  that  he  stand  in  the  pillory  such  a 
space  of  time  as  the  magistrats  shall  thinke  fitt,  and  if  he  shall 


1656]  JURISDICTION   OP  NEW  HAVEN.  171 

goe  out  of  ye  jurisdiction  w^hout  leaue,  he  shall  be  lyable  to 
be  questioned  for  his  life  againe;  w^h  sentenc  was  by  gen: 
court  ordered  to  be  published  by  the  magistrats  of  Newhauen 
the  next  trayning  day,  w<^h  Avill  be  y^  9'^  of  June,  and  then 
also,  as  the  case  requireth,  to  be  executed.  The  charge  w^h 
doth  arise  by  his  being  in  prison  is  to  be  p''  by  the  jurisdiction, 
because  they  are  not  willing  to  put  it  vpon  his  master,  whose 
loss  by  him  hath  bine  to  much  allready. 

M^  Gibbard  informed  the  court,  that  he  vnderstands  that 
some  of  his  neighbours  are  not  willing  that  he  should  haue 
the  boy  to  dwell  w'h  him  againe,  fearing  he  may  doe  more 
mischeife  in  the  like  kinde,  and  some  objected  against  his 
wearing  of  the  lock,  because  it  would  be  a  hinderanc  to  him 
in  his  worke  and  so  make  his  seruice  the  less  profitable.  The 
court  told  Mf.  Gibbard  that  they  could  not  force  any  man  to 
take  him,  but  if  he  cannot  imploye  him  himselfe  to  satisfaction, 
he  may  treate  wUi  any  other,  as  M^  Wakeman,  the  marshall 
or  Jno  Coopr,  aboute  the  iron  worke,  and  if  he  can  agree  w'h 
any  of  them  to  satisfaction,  the  court  will  be  content,  but  if  no 
comfortable  closeing  can  be,  so  as  he  may  stay  here,  but  that 
in  the  issue  he  must  be  sent  away,  and  it  may  be  back  to 
England  to  his  father,  then  the  court  of  magisrts  must  meete 
to  consider  of  some  further  punishm'  to  be  inflicted  for  exam- 
ple and  terrour  to  others,  that  none  may  be  imboldened  to  take 
such  courses,  and  if  the  lock  proue  inconvenient  and  a  hin- 
deranc in  his  labour,  it  is  left  to  the  court  at  Newhauen  to 
alter  that  part  as  they  shall  see  cause. 

[113]  II  The  Court  by  vote  declared  themselues  willing  that 
John  Youngs  w'^h  his  barke  should  yet  continew  the  seruice 
lie  was  put  vpon  by  the  comission'"s  in  September  last,  to  hin- 
der Ninigret  from  goeing  against  the  Long  Island  Indians,  and 
that  foure  men  be  sent  w'h  him  out  of  this  colony,  viz':  two 
from  Newhauen,  one  from  Millford  and  one  from  Guilford  and 
Brandford,  and  that  he  should  haue  what  prouissions  he 
thought  was  necessary  for  the  seruice,  all  wh  charges  are  to 
be  brought  to  account  by  the  comissionrs  in  September  next. 

Vpon  a  petition  presented  by  John  Meggs,  and  the  desire 
of  Richard  Hiibball,  the  court  abated  Jn^  Meggs  five  pound 


172  RECORDS  OF  THE  [1656 

of  a  fine  of  ten  pound  that  he  owed  to  y^  jurisdiction,  and 
Richard  Hubball  fifty e  shillings  of  a  fine  of  fiue  pound  that  he 
owed  likewise,  and  that  the  rest  be  forthwith  paide. 

Old  M"".  Swaine,  M^  Crane,  Leiutenn'  Sam;  Swaine  and 
Lawranc  Ward,  are  chosen  deputies  for  Brandford  for  the 
yeare  ensuing,  and  haue  the  same  power  comitted  to  them  as 
they  had  the  last  yeare,  and  M^.  Crane  &,  Leiutennt  Swaine 
did  now  take  the  deputies  oath,  and  ordered  to  administer  ye 
oath  to  ye  other  two  at  Brandford. 

Richard  Law  and  Francis  Bell  were  chosen  constables  for 
Stamford  for  y^  yeare  ensuing,  and  haue  the  same  power  as 
the  constable  there  had  the  last  yeare,  and  they  now  tooke 
oath  to  discharge  that  trust  faithfully,  but  if  the  free-men  of 
Stamford  are  not  willing  that  Richard  Law  should  hold  that 
trust,  they  excuse  him  from  this  oath,  and  then  Francis  Bell 
is  onely  chosen  according  to  the  freemens  desire  there,  though 
the  court  be  of  another  minde,  and  that  the  towne  of  Stamford 
may  see  that  Jn"  Meades  complaints  were  vnjust  and  haue 
made  no  alteration  in  y^  court  concerning  Richard  Law. 
And  Francis  Bell  now  declared  that  he  is  not  willing  to  be 
alone  in  so  weightie  a  buisnes. 

Barnabas  Horton  and  William  Furrier  were  chosen  consta- 
bles for  Southold  for  the  yeare  ensuing,  and  haue  the  same 
power  that  the  constables  of  that  place  haue  formerly  had,  and 
they  now  tooke  oath  faithfully  to  discharge  their  duty  therin. 

It  is  ordered  that  when  a  towne  meeting  is  duely  warned, 
(that  is  at  least  foure  and  twenty  hours  before,)  vpon  publique 
occasion  in  any  plantation  in  this  jurisdiction,  whosoeuer  after 
such  warning  shall  not  appeare  at  the  time  appointed,  or  shall 
w'hout  leaue  depart  the  said  meeting,  shall  paye  for  the  same 
two  shillings  six  penc,  and  for  late  coming  one  shilling,  and  if 
vpon  demande  the  fine  be  not  paide,  the  authoritie  in  y^  place 
shall  recover  the  same  by  distress,  but  if  any  shall  be  disor- 
derly and  stubbornly  refuse,  the  shall  be  bound  to  answer  it 
at  ye  next  court  of  magistrats  at  Newhauen  after  the  said 
ofienc  is  comitted,  but  in  case  of  submission,  the  free-men  in 
each  plantation  haue  power  to  abate  or  remitt  the  fine,  in 
either  case  as  they  shall  thinke  fitt. 


1656]  JUEISDICTION   OF  NEW   HAVEN.  173 

It  is  ordered  that  if  any  of  them  who  are  vndertakers  in  ye 
iron  worke,  shall  or  be  really  in  debt,  and  any  man  shall  desire 
justice  against  them  to  be  executed  vpon  that  part  of  their 
estate  w^h  they  haue  in  the  said  worke,  justice  shall  be  granted, 
but  so  as  the  said  iron  worke  be  not  hindered  nor  the  other 
ptners  damnifyed  thereby,  but  the  said  ptie  attaching  or  desir- 
ing justice  against  such  part  shall,  if  the  case  require,  come  in 
his  roome  and  be  lyable  to  cary  on  the  said  pt  in  all  respects 
as  the  first  aduenturer,  till  the  debt  be  paide  by  the  produce 
that  shall  arise  out  of  the  same. 

A  bill  giuen  by  M^  Wells  of  Southold  to  y^  treasurer,  of 
aboute  three  pound  five  shiii,  w^li  he  spent  in  coming  to  New- 
haven  aboute  two  yeares  since  to  giue  intelligenc  of  some 
publique  disturbers  there,  wh  the  freemen  there  advised  him 
to,  conciveing  if  some  course  were  not  taken,  the  peace  of  y^ 
jurisdiction  would  be  indangered,  is  ordered  to  be  alowed  to 
him  by  the  treasurer. 

The  Court  vnderstanding  that  John  Hodshon  had  lost  a  horse, 
w^h  was  taken  vp  for  the  seruice  of  the  cuntry  when  they  were 
goeing  forth  against  the  Duch  aboute  two  yeares  sine,  though 
in  justice  they  see  not  ground  to  alow  any  thing,  yet  in  a  way 
of  neighbourly  condescendency,  that  the  loss  may  not  lye  too 
heauy  vpon  one  man,  they  shall  alow  him  seuen  pound  ten 
shillings. 

[114]  II  It  is  ordered  that  sixteene  horses  shall  be  prouided 
and  kept  in  y"  five  townes  vpon  the  maine  in  this  jurisdiction, 
w^h  suitable  sadles,  bridles,  pistoles  and  other  furniture  that 
is  necessarie  towards  the  raysing  of  a  small  troope  for  the 
seruice  of  the  cuntry,  in  an  equall  proportion  as  they  can  be 
deuided  according  to  the  estate  of  each  plantation,  which  is  as 
followeth,  six  from  Newhauen,  foure  from  Millford,  two  from 
Stamford,  and  foure  from  Guilford  and  Brandford,  and  that 
the  psons  who  shall  freely  vndertake  or  be  appohited  there- 
vnto,  shall  be  free  from  rates  both  for  their  psons  and  ye  said 
horss,  also  from  trayning  w^h  the  foote  company,  and  from 
any  press  for  themselues  and  horss  to  other  publique  seruice, 
and  shall  haue  what  other  priviledges  is  granted  to  troopers 
in  the  Massachusets  or  Connecticote  colonies,  prouided  that 


174  RECORDS  OP  THE  [1656 

such  men  who  shall  be  appointed  to  this  seruice  shall  be  dilli- 
gent  in  the  vse  of  all  due  meanes  to  fitt  themselues  and  horses 
for  the  same  at  home  in  their  seuerall  plantations,  after  w^h 
this  court  will  consider  how  they  may  be  improved  in  a  pub- 
lique  way  of  trayning ;  and  that  euery  plantation  prouide  and 
keepe  double  as  many  good  stoute  doggs,  mastives  or  as  neere 
as  can  be  gott,  w^h  may  be  of  good  vse  against  woolues  and 
in  some  other  cases,  w^h  proportion  of  horses,  furniture  and 
doggs,  is  to  be  prouided  by  each  plantation  betwixt  this  and 
the  election  court  in  May  next,  vnder  the  penaltie  of  fine 
pounds. 

And  for  the  incouragm^  of  souldiours  in  their  millitary 
exercise  in  jurisdiction,  it  is  ordered  that  euery  plantation  shall 
prouide  a  partison  for  their  leiutenn*,  cullars  for  their  ensigne, 
halberts  for  their  serjants,  w^h  drumms  fitt  for  seruice,  w'h  a 
certaine  number  of  pikes  as  hereafter  exprest,  wt^hin  a  yeares 
time,  vnder  the  penaltie  of  hue  pound  for  totall  or  any  greate 
or  willfuU  neglect,  w^h  libertie  for  this  court  to  mittigate  in 
this  case,  and  in  case  of  horses  and  doggs  before  mentioned,  as 
they  shall  see  meete  when  they  vnderstand  what  indeauours 
haue  bine  vsed  for  accomplishing  the  same.  Newhauen  being 
furnished,  Millford  is  to  haue  sixteene  pikes,  Stamford  six- 
teene,  Guilford  twelue,  Southhold  and  Brandford  eight  a  peece. 
And  further  that  halfe  a  pound  of  powder  for  euery  souldiour 
be  alowed  by  euery  towne  out  of  their  towne  rate  once  in  a 
yeare  to  the  cheife  officer,  to  be  by  him  bestowed  vpon  them 
according  to  their  due  deserts,  to  be  spent  as  he  shall  order, 
by  shooting  at  a  marke  three  times  in  a  yeare  for  some  small 
prise  which  each  towne  shall  prouide,  in  valew  not  aboue  hue 
shillings  a  time  and  not  less  then  two  shillings  six  pence,  w^h 
shall  be  ordered  either  to  one  or  more  as  the  officer  shall 
appointe ;  and  that  each  towne  prouide  a  good  paire  of  hilts  for 
souldiours  to  play  at  cudgels  w^h,  and  that  they  exercise  them- 
selues in  playing  at  backsword,  <fec.,  that  they  learne  how  to 
handle  their  weapons  for  the  defence  of  themselues  and  offenc 
of  their  enemies,  and  that  the  deputies  of  each  plantation 
speake  to  the  teaching  elders  there  to  take  some  fitt  opptuni- 
ties  to  speake  to  the  souldio''s  something  by  way  of  exhorta- 


1656]  JUEISDICTION  OF  NEW   HAVEN.  175 

tion,  to  quicken  them  to  a  consciencious  attendanc  to  this 
duty,  and  that  souldio^'s  in  time  of  their  vacancy  doe  exercise 
themselues  in  running,  wrastling,  leaping  and  the  like  manly 
exercises,  the  better  to  fitt  their  bodies  for  seruice  and  hard- 
shipp,  and  that  all  other  exercises,  as  stoole  bale,  nine  pines, 
quaites,  and  such  like  games  be  forbidden  and  not  to  be  vsed 
till  the  millitary  exercise  of  the  day  be  finished  and  the  com- 
pany dismissed  from  that  seruice. 

[115]  II  John  Tucker  of  Southold,  who  is  aboute  to  set  vpon 
a  way  of  makeing  Steele  there,  &  had  seuerall  priuiledges 
granted  to  him  by  this  court  in  October  last  for  his  incourag- 
ment  therein,  did  now  further  propound  that  if  his  said  worke 
should  not  bee  successfuU,  yet  seeing  he  layes  out  allmost  all 
his  estate  vpon  it,  he  might  notwithstanding  be  free  from  rates 
the  said  ten  yeares  before  granted,  w'^h  the  court  considered 
of  and  declared,  that  if  he  doe  laye  out  his  estate  in  such  a 
manner  aboute  this  publique  worke,  and  that  God  shall  cross 
him  therein  so  that  he  be  impouerished  thereby,  they  are 
willing  that  that  small  remaining  part  of  his  estate  shall  be 
free  from  rates  for  ten  yeares. 

It  is  ordered  that  whosoeuer  shall  put  or  kindle  any  fire  in 
woods,  grounds,  yards,  orchyards,  or  other  place  or  places, 
lying  in  comon  or  inclosed,  so  as  the  same  shall  burne  fences, 
buildings,  or  cause  any  other  damage  in  any  season  or  manner 
not  alowed  by  authoritie  in  that  plantation,  or  on  the  last  day 
of  the  weeke,  or  on  the  Lords  day,  euery  such  person  shall 
paye  all  damages  and  halfe  so  much  more  for  a  fine  to  the 
plantation,  and  if  not  able  to  paye,  shall  be  corporally  pun- 
ished as  the  court  shall  judg  meete. 

But  if  any  seruant  or  seruants,  pson  or  psons  in  relation,  or 
any  other  whether  male  or  female,  shall  willfully,  maliciously 
or  by  way  of  reuenge,  kindle  or  put  any  fire  into  any  come, 
hey,  straw,  hempe,  flax,  timber,  hewed,  sawen  or  riuen,  heapes 
of  wood,  charcoale,  other  goods  or  combustiable  matter,  espe- 
cially in  the  night  or  on  the  Lords  day,  by  meanes  whereof 
any  dwelling  house,  barne,  shedd  or  other  buildings,  hey, 
corne,  cattell,  houshold  goods,  or  other  estate  of  what  kinde 
soeuer  may  be  indangered,  burnt  or  destroyed,  (much  more 


176  RECOKDS  OP  THE  [1656 

if  the  life  or  lines  of  any  pson  or  psons  shall  be  thereby  lost  or 
hazarded,)  such  mischeiuous  pson  or  psons  shall  be  proceeded 
against,  either  by  the  court  of  magistrats,  if  the  sinn  be  heyn- 
ous  or  capitall,  as  a  presumptuouse  or  mallicious  offendo''  or 
offendo''s  against  the  fift,  sixt,  or  eight  comandem'^s,  to  be  pun- 
ished by  death  or  otherwise  seueerely  as  the  case  may  require, 
or  by  the  plantation  court,  if  the  miscariage  be  of  a  lower  nature, 
by  corporall  punishm^  or  paying  double  or  treble  damages,  but 
if  the  damage  1)6  great  and  the  offendo'"  or  offendo's  not  able 
to  make  such  restitution,  he  or  they  shall  by  sentenc  or  order 
of  the  court  of  magistrats  be  sould  for  a  seruant  or  seruants, 
either  into  these  English  colonies  or  abroad,  that  due  satisfac- 
tion (so  farr  as  may  he  attayned)  be  made,  as  the  court  con- 
sidering the  offenc  w'h  all  the  aggrauating  circumstances  shall 
judg  meete. 

A  letter  from  Greenwich  was  read  to  the  court,  w^'h  is  an 
answer  to  that  w^h  this  court  ordered  to  be  sent  to  them 
aboute  a  yeare  agoe,  w'h  w^h  answer  the  court  declared  them- 
selues  much  vnsatisfyed,  and  concluded  that  this  letter  should 
be  answered  by  the  gouerno''  in  the  name  of  this  court,  our 
right  to  Greenwich  asserted,  and  that  the  two  present  depu- 
ties for  Stamford,  Richard  Law  and  Francis  Bell,  doe  goe  to 
Greenwich  and  deliuer  the  said  letter,  and  in  the  name  of  this 
court  require  the  number  of  their  males  from  sixteene  yeares 
old  to  sixtie',  that  they  may  be  deliuered  wUi  the  other  males 
of  this  jurisdiction  to  y^  comissionfs  at  their  next  meeting  at 
Plymouth,  but  if  they  doe  deny  or  delay  to  doe  it,  they  shall 
by  warrant  from  this  court  be  warned  to  attend  a  court  of 
magistrats  to  be  held  at  Newhauen  the  25th  of  June  next,  to 
answer  their  miscariage  therein,  and  if  they  appeare  not,  then 
Richard  Crabb  and  some  other  of  the  most  stubborne  and  dis- 
orderly psons  shall  be  by  some  meanes,  (w^h  may  be  thought 
safe)  seized  at  Stamford,  or  thereaboute,  and  sent  to  New- 
hauen to  answer  their  contempt,  prouided  that  if  in  the  meane 
time  wee  vnderstand  by  M^.  Garret  or  otherwise,  that  they 
are  owned  by  the  State  of  England,"  and  haue  a  pattent  from 
thenc  for  the  place,  (w'^h  wee  beleiue  will  not  be,)  it  may  be 
further  considered  and  ordered  accordingly. 


1656]  JUEISDICTION   OP  NEW  HAVEN.  177 

The  court  vnderstanding  that  in  some  of  the  plantations  the 
fiindamtall  lawes  of  the  jurisdiction  haue  not  bine  attended, 
but  that  others  beside  free-men  haue  had  libertie  to  vote  in 
things  of  weightie  trust  and  concernment,  did  now  order  that 
those  orders  be  exactly  attended,  and  none  suffered  to  vote 
but  free-men,  unless  it  be  in  some  pticuler  cases  wherein  the 
proprieties  of  the  planters  in  generall  are  concerned  and  ought 
not  to  be  disposed  of  w'hout  their  consent. 

The  Court  vnderstanding  that  the  towne  of  Millford  haue 
called  vpon  Leiut.  Treate  to  watch  as  other  men,  declared  that 
[116]  as  leiutennant  he  ought  ||  to  be  free  for  his  pson,  estate, 
and  one  house  lot. 

It  is  ordered  that  no  master,  or  other  family  gouerno""  or 
pson,  shall  sell  any  seruant,  male  or  female,  of  what  degree 
soeuer,  out  of  this  jurisdiction,  vnless  it  be  into  some  of  the 
other  three  colonies,  w'hout  leaue  and  lycense  from  the 
authoritie  of  that  plantation  to  w^h  he  belongs,  vnder  the 
penaltie  of  ten  pound  for  each  default. 

The  Court  was  informed  of  sundrie  disorders  at  Southold, 
as  that  ye  jurisdictions  lawes  are  not  obserued  nor  towne 
orders  regarded,  but  fences  and  gates  lye  downe  and  trespasses 
are  comitted  &  the  fines  due  in  such  cases  not  gathered,  that 
diuers  doe  sell  strong  water  w'=h  are  not  ly censed  thervnto,  by 
W^h  meanes  ther  is  much  disorder,  both  amonge  English  and 
Indians,  vnseasonable  meetings  of  youth  and  also  elder  people 
in  the  night,  w^h  vnreuerent  behauiour  of  diuers  both  young 
&  old  in  the  publique  solemne  assemblies,  others  sitting  abroad 
in  the  time  of  the  ordinances,  and  some  comeing  to  them 
verey  seldome  or  not  at  all,  concerning  w^h  the  court  inquired 
of  the  deputies  of  that  plantation,  who  could  not  alltogether 
excuse  these  things,  w«=h  the  court  was  sorrey  to  here,  and 
declared  themselues  much  vnsatisfyed  therew'h,  and  that  such 
things  may  not  be  borne  withall  in  any  plantation ;  and  there- 
fore agreed,  that  they  should  be  certifyed  to  Southold  w^h  a 
manyfestation  of  the  courts  dislike  thereof  and  there  desire  of 
a  reformation,  w^h  if  not  attended,  the  constables  were  now 
ordered  to  binde  such  disorderly  psons  to  answer  it  at  the 
next  court  of  magistrats. 
23 


178  RECORDS  OF  THE  [1656 

The  Court  was  informed  that  there  hath  bine  a  question  in 
some  of  ye  plantations,  wliether  when  cattell  be  lost,  (specially 
horses,)  so  that  they  haue  not  bine  seene  or  heard  of  by  the 
owners  in  a  yeare  or  two  yeares  time,  if  in  y*  case  they  should 
bring  them  in  to  paye  rates  for  them ;  wherevpon  the  court 
declared  that  cattell  (specially  horses)  be  missing  a  yeare  or 
two  yeare,  so  that  the  owner  know  nothing  but  they  may  be 
aliue  and  well,  they  shall  be  brought  in  to  the  rates  as  such 
cattell  so  long  missing,  w^h  if  not  after  found,  but  that  the 
owner  suffer  the  loss  of  them,  he  shall  be  alowed  so  much 
back  as  he  hath  paid  for  them  from  that  time,  prouided  that 
if  the  said  cattell  shall  after  a  longer  time  be  found  and 
returne  to  the  owner,  he  shall  repaye  such  alowanc  and  be 
lyable  to  paye  what  further  shall  be  due  more  then  the  two 
yeare  alowed  for. 

The  buisnes  aboute  the  planting  of  Paugaset,  propounded 
at  ye  gen:  court  in  October  last,  and  in  some  pt  assented  to, 
was  now  againe  in  question,  and  what  then  passed  being  read, 
the  magistrate  and  deputies  for  Milford  objected  against  it,  and 
Mr.  Prudden  on  behalfe  of  their  towne  declared  that  it  would 
be  verey  prejudicial!  to  Milford  seuerall  wayes,  so  much  as 
they  could  not  comfortably  cary  on  their  occasions  there  by 
reason  of  the  straightness  of  accomodations  for  comonadg  for 
their  cattail  w'=h  they  should  suflfer,  by  reason  that  Stratford 
Riuer  and  Newhauen  bounds  doe  confine  y"  to  so  narrow  a 
compass,  all  W^h  were  duely  considered,  as  also  what  Eichard 
Baldwin  and  others  concerned  in  Paugaset  did  say,  or  others 
on  their  behalfe,  to  take  of  the  objections  made;  but  after 
much  time  spent  in  many  debates  aboute  it,  the  court  saw 
that  ther  was  not  like  to  be  a  comfortable  closeing  betwixt 
them  if  the  planting  of  Paugaset  went  on  as  had  bine  intended, 
wherefore  it  was  propounded  to  both  pties  that  those  concerned 
in  Paugaset  would  resigne  their  purchase  to  Milford,  they  pay- 
ing them  for  the  same,  and  that  all  former  differences  may 
bee  buried  and  forgotten,  and  that  the  towne  of  Milford  would 
[117]  II  accomodate  those  of  their  towne  that  did  intend  to 
sit  downe  at  Paugaset  w^h.  comfortable  accoinodations  for 
their  subsistanc. 


1656]  JURISDICTION   OF  NEW   HAVEN.  179 

Richard  Baldwin  for  himselfe  and  the  rest  professed  that  it 
hath  bine  straightnes  of  accomodations  that  hath  put  them  to 
stand  so  much  ypon  it  as  they  haue  done,  but  if  they  may  be 
accommodated  at  Milford,  so  as  they  may  but  subsist  in  a 
comfortable  way  to  maintayne  stockes  suitable  to  their  families, 
they  shall  resigne  the  purchase  to  Milford,  they  paying  them 
what  they  haue  laide  out.  Millford  men  replyed  that  they 
had  not  wherew'hall  to  doe  it,  they  haue  no  meddow  to  dis- 
pose of  but  some  that  is  reserued  for  an  elder,  but  Leiutennant 
Treate  offered  to  giue  seuen  acs  of  his  owne  meddow  towards 
their  accomodations.  Richard  Baldwin  asked  if  they  might 
not  haue  the  free  vse  of  that  meddow  reserued  for  an  elder 
till  it  be  disposed  of  to  the  vse  intended.  M^.  Fenn  said  he 
should  propound  it  to  the  towne  and  it  is  like  it  might  be 
granted,  but  they  could  not  ingage,  and  some  of  it  is  allready 
disposed  of  till  ye  time  come ;  so  y^  in  the  issue  the  court 
advised  both  pties  to  peace,  and  that  those  W^h  intended  for 
Paugaset  would  cease  any  further  prosecution  till  they  see 
what  accomodation  will  be  granted  them,  and  vpon  satisfac- 
tion to  resigne,  &c. ;  but  if  their  can  be  no  closeing  in  this 
way,  then  the  court  declare,  they  miist  leaue  the  buisnes  as  it 
was  in  October  last  before  they  medled  w^h  it,  but  they  rather 
desire  a  closeing  in  the  way  propounded  and  that  no  former 
things  bee  reuiued  to  prouoake  one  another,  which  if  any  shall 
doe,  the  court  cannot  but  be  offended  and  must  so  declare 
themselues,  and  for  Thomas  Langden,  if  all  consent  but  him, 
and  he  proue  troublesome,  the  court  will  take  a  course  either 
to  quiet  or  remove  him. 

A  case  propounded  concerning  widdow  Plume  of  Milford, 
wherein  she  complains  of  wrong  she  hath  suffered  by  fencing 
more  then  her  due  proportion,  in  the  debate  of  w^h  buisnes 
the  court  saw  cause  to  giue  aduice  that  the  land  and  fence 
wherein  she  is  concerned  be  exactly  measured  and  rightly  pro- 
portioned, to  each  an  equall  share,  and  for  so  much  it  appeares 
she  hath  done  aboue  her  pportion  that  she  haue  it  taken  off 
from  her  for  the  time  to  come,  and  that  she  bee  paide  both  for 
makeing  and  maintayning  of  it  for  time  past,  and  for  any  fur- 
ther consideration  of  their  towne  order  aboute  house  lotts  or 


180  BECOEDS   OF  THE  [1656 

other  fences,  it  may  be  considered  at  another  season  when 
things  are  better  prepared. 

William  Potter  of  Stamford  informed  the  court  that  he  is  a 
weake  infirme  man  and  not  fitt  to  trayne,  and  desires  he  might 
be  freed,  of  whom  the  court  now  tooke  notice  and  so  judg  him 
to  be,  and  therefore  declared  that  while  this  weaknes  con- 
tinewes  he  shall  be  free  from  trayning,  but  if  God  recouer  him 
to  abillitie  he  is  to'-attend  that  seruice  againe. 

The  Gouerno""  informed  the  court  that  he  had  receiued  a 
letter  from  the  Lord  Protector,  inuiteing  the  people  of  this 
colonic,  or  pt  of  them,  if  they  shall  see  it  to  be  their  way,  to 
remove  to  Jamaica,  and  also  a  copie  of  the  instructions  giuen 
by  his  highnes  to  Capt.  Gookin,  who  is  imployed  to  all  y^  col- 
onies for  the  furtheranc  of  that  designe,  w<=h  letter  and  instruc- 
tions were  now  read  to  the  court,  w'h  some  other  letters  from 
Capt.  Gookin  and  y^  copie  of  a  letter  from  Major  Sedgwick 
from  Jamaica,  and  also  w^h  what  intelligenc  Richard  Miles 
brought  from  Capt.  Martin,  to  whom  he  was  sent  to  inquire ; 
after  which  tlie  deputies  from  the  seuerall  plantations  were 
desired  to  let  the  court  vnderstand  what  is  the  minde  of  their 
townes  in  this  buisnes,  and  the  rather  some  weekes  since  the 
seuerall  plantations  had  notice  of  this  motion,  not  onely  by  the 
printed  paprs  sent  to  them  to  be  published  but  by  other  means 
also,  and  that  an  answer  would  be  now  expected  from  them. 
Much  debate  there  was  aboute  this  thing,  and  a  serious  weigh- 
ing and  considering  thereof,  and  though  they  cannot  but 
acknowledg  the  great  loue,  care  and  tender  respect  of  his 
highnes  the  Lord  Protector,  to  New  England  in  generall,  and 
to  this  colonic  in  pticuler,  yet  for  divers  reasons  they  cannot 
[118]  conclude  that  ||  God  calls  them  to  a  present  remove 
theither,  though  if  they  could  haue  found  two  men  fitt  and 
willing  to  goe  w^h  Capt.  Martin  to  view,  they  would  haue  sent 
them  at  the  charge  of  the  jurisdiction,  but  that  being  hard  and 
difficult  to  obtayne,  must  be  defferred  till  another  season,  and 
for  the  present  the  court  onely  desired  an  answer  might  be 
sent  to  his  highnes  the  Lord  Protecto"",  w^h  all  humble 
acknowledgmt  of  his  great  loue  towards  vs,  w^li  they  intreated 
the  gouerno''  to  doe  as  he  shall  thinke  fitt. 


1656]  JUEISDICTION   OP  NEW   HAVEN.  181 

What  was  last  yeare  paid  out  of  the  treasury  to  the  gou- 
erno'",  secretarie  &  marshall,is  to  continew  this  yeare  also,  and 
it  was  further  ordered  that  the  gouerno'^  and  M^  Leete  should 
haue  each  of  them  a  man  at  the  jurisdiction  charge  to  attend 
their  occasions  at  home,  while  they  are  abroad  at  the  coihission 
buisnes. 

The  Court  by  vote  declared  that  they  free  M^  Goodyeare 
from  paying  any  jurisdiction  rates  for  y^  yeare  ensuing. 

The  Court  vnderstanding  that  some  part  of  William  Ellits 
fine  of  forty  shillings  is  yet  behinde  vnpaide,  and  that  Eogger 
Williams  of  Milford  before  hee  dyed,  promised  to  satisfy e  the 
same,  viz*  twenty  shillings  to  y^  marshall  at  Newhauen,  and 
what  charge  was  to  be  paid  at  Milford,  vpon  which  ingagm* 
of  his,  Ellit  was  released,  it  was  ordered  that  the  same  to  be 
paid  out  of  his  estate. 

It  is  ordered  that  a  rate  of  one  hundered  and  fifty  pound 
shall  be  paide  from  the  seuerall  plantations  in  this  jurisdiction 
in  just  and  equall  proportions,  to  the  treasurer  at  Newhauen, 
the  one  halfe  by  the  midle  of  October  next,  the  other  halfe  by 
the  midle  of  March  following ;  in  money  or  good  merchantable' 
beauour,  at  price  currant,  in  wheat  at  fine  shillings  a  bushell, 
pease  or  rie  at  foure  shillings  a  bushell,  in  beefe  at  two  pence 
halfe  penny  a  pound,  and  porke  at  three  pence  halfe  penny,  or 
if  in  barrells,  then  after  the  same  proportion,  salt  &  caske 
being  alowed  for,  all  w«=h  is  to  be  good  and  merchantable. 

The  somes  due  from  each  plantation  is  as  foUoweth, 


Newhaven, 

56: 

02: 

00. 

Milford, 

32: 

17: 

00. 

Guilford, 

20: 

05: 

00. 

Stamford, 

17: 

14: 

00. 

Southold, 

12: 

00: 

00. 

Brandford, 

11: 

02: 

00. 

150: 

00: 

00. 

182  RECOEDS   OF  THE  [1656 

[119]  At  a  Court  of  Magistrats  held  at  Newhauen  y^ 

25th  June,  1656. 

Present, 

Theopliilus  Eaton,  Esqi",  Gouerno'". 

M'.  Stephen  Goody eare, 

Francis  Newman, 

Mr.  William  Leete. 
The  Toivne  of  Milford,  plant.  )  M^.  Femi,  on  behalfe  of  Mil- 
Henry  Tomlinson,  defendl.  J  ford,  declared  in  an  action  of 
the  case  against  Henry  Tomlinson,  that  they  had  seuerall 
things  against  him,  but  should  refferr  them  all  to  foure  heads, 
First,  he  hath  charged  that  the  towne  haue  done  him  wrong. 
2<iiy,  that  they  bought  a  house  of  him  but  neuer  pd  him  for  it. 
S^iiy,  that  he  hath  much  molested  and  disturbed  the  towne, 
causing  many  meetings  and  w'^h-holding  from  them  the  quiet 
possession  of  that  w<=h  is  their  owne.  4thiy,  that  he  hath 
broake  the  jurisdiction  order  in  selling  strong  water  at  a 
greater  price  then  is  alowed,  and  wine  and  dyet  at  (as  is  con- 
ceiued)  immoderate  prises,  whereby  the  towne  sufferes  and 
some  haue  said  they  neuer  came  at  the  like  place  for  dearness. 
But  first,  to  begine  wUi  the  third  pticuler,  his  disturbing 
and  molesting  the  towne,  in  w^h  the  two  first  are  included. 
After  Ensigne  Bryan  grew  wearie  of  keepeing  the  ordinarie  at 
Milford  and  desired  to  be  freed,  the  towne  were  exercised 
where  to  gite  another  fit  man,  at  last  they  pitched  upon  Henry 
Tomlinson  and  ppounded  it  to  him,  and  after  some  debate  he 
manyfested  some  willingness  therevnto,  but  thought  his  owne 
house  was  not  fitt,  w^h  put  the  towne  vpon  thoughts,  either  to 
fit  his  house  or  buy  another  more  fitt  &  take  his  house  of  his 
hand  also,  and  the  towne  appointed  six  men  to  treate  w'h 
Henry  Tomlinson  aboute  buying  his  house,  and  w^h  Kichard 
Bryan,  whose  house  they  thought  fitt  for  that  purpose  if  it 
might  be  procured ;  so  these  six  men  did  treate  w^h  the  said 
Tomlinson  and  bought  his  house  of  him  for  twenty  three 
pound,  w'^h  they  appointed  him  to  receiue  out  of  the  treasury ; 
after  they  treated  wUi  Richard  Bryan  and  his  father,  and 
bought  Richard  Bryans  house  for  sixty  eight  pound,  to  be  paid 


1656]  JURISDICTION   OF  NEW   HAVEN.  183 

in  Tomlinsons  house  three  and  twenty  pound,  and  forty  five 
pound  out  of  the  treasury,  and  the  said  house  was  designed  for 
an  ordinarie,  and  Tomlinson  possessed  it  and  followed  that 
imployment,  and  was  to  haue  it  the  first  yeare  rent  free,  and 
after  for  such  a  moderate  rent  as  should  be  thought  fitt,  and 
was  to  keepe  in  repaire  both  house  and  fences  during  the  first 
yeare,  yet  after  demanded  repaires  and  additions  to  the  house, 
w'=h  occasioned  sundrie  debates  w'h  him  and  much  trouble 
came  to  tlie  towne  by  meetings,  &c.,  and  growing  wearie 
thereof,  sould  the  said  house  to  William  East  and  Richard 
Bryan,  who  ingaged  to  y*'  towne  that  it  should  be  for  an  ordi- 
narie, and  if  Tomlinson  left  it  they  would  prouide  another 
man,  but  if  he  desired  it  and  the  towne  accepted  him  in  that 
imploymS  he  should  if  he  would  buy  the  house  at  the  price 
they  paid  for  it  or  else  hire  it  for  a  moderate  rent,  six  pound 
a  yeare  was  first  demanded  but  after  they  would  accept  of  fine 
pound  a  yeare,  and  what  repaires  was  necessarie  should  be 
paid  out  of  the  said  rent,  but  Tomlinson  refused  all  and  would 
neither  buy  the  house,  nor  hire  it,  nor  goe  forth  of  it,  nor 
keepe  the  ordinarie.  This  Will:  East  and  Eichard  Bryan 
testifyed  to  be  true  vnder  their  hands,  and  by  the  defendant 
was  not  denyed. 

[120]  II  Henry  Tomlinson  was  called  to  answer,  and  though  he 
made  a  large  discourse,  yet  that  w^h  was  matteriall  to  the  case 
was,  that  he  conceiued  the  house  was  his  owne,  and  that  there- 
fore he  need  neither  buy  it,  nor  hire  it,  nor  goe  forth  of  it,  for  he 
apprehends  it  was  his  in  exchange  for  his  house,  and  what  was 
paid  ouer  was  lent  him  by  the  towne  to  further  him  in  that 
imployment;  he  was  required  to  proue,  but  said  he  had  none, 
yet  called  Thomas  Sandford,  who  testifyed  against  him  in  this 
pticuler,  saying  that  the  towne  did  absolutly  buy  goodman 
Tomlinsons  house,  but  of  exchange  he  knowes  nothing,  and 
the  six  men  whom  the  towne  appointed  now  in  writing  and 
vnder  their  hands  affirmed  the  same,  &  some  of  them  now  in 
court  declared  it  was  so,  and  Richard  Bryan  and  his  father 
also,  w^h  whom  the  bargaine  was  made,  said  the  same,  so  that 
it  is  cleere  that  he  had  no  cause  so  to  apprehend;  he  was 
asked  wherein  the  towne  of  Milford  had  done  him  wrong,  and 


184  RECOEDS  OF  THE  [1656 

how  he  can  make  it  appeare  that  they  haue  not  paid  him  for 
his  house,  but  could  say  nothing  to  cleere  it,  and  Ensigne 
Bryan  now  afirmed  before  him  that  he  was  paid  the  three  and 
twenty  pound  for  his  house  by  him  according  to  the  townes 
order. 

For  the  fourth  pticuler  in  breaking  the  court  order  in  selling 
strong  water  at  a  higher  price  then  therin  alowed,  he  could 
say  nothing  against  it  but  that  he  had  mett  w^h  many  tempta- 
tions and  had  sould  some  according  to  order  at  three  shillings 
a  quart,  but  many  testimonies  were  presented  and  many  of 
them  vpon  oath,  whereby  it  appeared  that  his  ordinarie  price 
of  selling  strong  liqours  had  bine  foure  shillings  a  quart  and 
dyet  sometimes  fifteene  pence  a  meale,  when  very  meane  and 
sometime  stinking  beefe,  not  fitt  for  men  to  eate,  and  wine  at 
two  shillings  a  quart,  raw  and  w^hout  suger.  He  was  further 
told  that  that  w^h  doth  aggravate  his  fault  exceedingly  is  that 
when  the  magistrate  told  him  of  these  things,  warning  him  to 
take  heede  least  he  bring  himselfe  into  trouble,  he  grew  into 
a  great  heate  and  passion,  and  in  a  proud  insolent  way  caried 
it  to  him  as  if  he  would  haue  flowen  in  his  face,  and  turned 
from  him  in  a  scornfull  manner,  saying  if  he  had  broke  the 
court  order  he  would  answer  it ;  this  was  testifyed  by  William 
East  and  Richard  Bryan,  who  were  present  and  heard  it. 

Henry  Tomlinson  was  asked  if  he  had  any  thing  further  to 
say  and  prove  more  then  yet  he  had  acquainted  the  court  w^h, 
he  said  no. 

Wherevpon  the  court  after  declared  that  they  haue  consid- 
ered the  action  brought,  and  the  seuerall  things  charged,  and 
the  evidenc  giuen  in,  and  doe  truely  wonder  that  in  so  cleere  a 
case  he  would  stand  out  and  suffer  it  to  come  thus  farr ;  as  for 
the  two  houses  they  see  plainly,  and  evidenc  is  cleere  for  it, 
they  were  both  bought  by  the  towne.  Hen:  Tomlinsons  at  23i, 
the  other  at  6S\  in  part  of  payemt  whereof,  that  at  23'  was 
paide  &  accepted,  but  there  is  nothing  he  hath  proued  of  any 
exchange  betwixt  Rich:  Bryan  &  himselfe,  or  betwixt  him  & 
the  towne ;  and  that  yet  he  shouldsay  he  would  neither  buy  it, 
nor  paye  rent,  nor  goe  out,  nor  keepe  the  ordinary,  the  court 
cannot  but  looke  vpon  it  as  a  willful!,  offensive  and  absurd 


1656]  JURISDICTION   OP  NEW   HAVEN.  185 

cariage,  and  therfore  they  order,  that  Henry  Tomlinson 
hailing  ye  first  yeares  rent  free,  for  the  rest  of  the  time  sine 
shall  paye  after  the  rate  of  flue  pound  a  yeare,  and  for  keepe- 
[121]  ing  the  ordinarie  ||  still,  if  he  would  cary  it  well  and 
giue  content,  walking  in  a  humble,  righteous  way,  they  can 
be  content,  and  giue  it  as  advice  to  Milford  that  a  litle  further 
tryall  may  be  made. 

For  his  charging  of  Milford  to  haue  done  him  wronge,  the 
court  finds  nothing  that  way,  but  many'faire  offers  for  his 
good,  and  for  his  vnjust  molestation  of  them,  causing  many 
meetings  and  the  charge  and  trouble  now  brought  vpon  them, 
many  witnesses  here  attending,  and  for  his  proude  insolent 
cariage  to  the  magistrate,  trampling  vpon  authoritie  in  such 
a  manner,  (a  thing  not  to  be  borne,)  that  he  make  a  full 
acknowledgmt  at  Milford,  to  cleere  the  towne  and  satisfye  M^ 
Fenn,  and  paye  for  their  trouble  and  charge  tenn  pound. 

And  for  his  breaking  the  jurisdiction  order  in  selling  strong 
water  contrary  thervnto,  that  he  paye  as  a  fine  to  the  jurisdic- 
tion tenn  pound,  w^h  is  less  then  the  court  conceives  he  hath 
gained  in  this  vnrighteous  way,  an  account  being  giuen  in  of  ' 
eight  anchors,  but  more  is  spoken  of,  Wh  is  left  w^h  the 
magistrate  to  inquire  after  and  demande  the  customs  for  that 
and  also  for  wines  drawne ;  and  that  he  paye  the  charge  of 
this  present  court ;  and  for  his  excessive  price  in  wine  &  dyet 
the  court  layes  no  fine  at  present  but  onely  warned  him  to 
attend  more  moderation  for  time  to  come,  that  strangers  w^h 
come  to  Milford  may  haue  cause  to  speake  well  of  y^  ordinary 
there  as  they  have  formerly  done. 

The  Gouerno""  acquainted  ye  court  that  he  had  received 
intelligenc  from  Rich  Law  and  Francis  Bell  that  Greenwich 
men  doe  absolutly  refuse  to  submitt,  &  will  not  yeild  vnless 
forced,  or  ordered  by  the  State  of  England,  wherevpon  y^-  court 
concluded  that  a  monethes  time  be  yet  forborne,  to  see  if  wee 
can  heare  they  haue  any  thing  from  England  by  way  of  pattent, 
after  w^h  time  the  first  opptunitie  shall  be  taken  to  make  seizure 
of  some  of  them,  according  to  y^  gen:  courts  order,  who  shall 
be  sent  to  Newhauen  and  then  a  court  called  on  purpose  to 

24 


186  RECORDS   OF  THE  [1656 

consider  of  the  matter,  the  sending  of  which  order  for  seizure 
may  be  yet  forborne  fourteene  dayes. 

The  Gouerno'"  informed  the  court  that  tliere  is  sent  ouer 
now  in  M^  Garrets  shipp,  fine  hundered  lawe  bookes,  w^h  M"". 
Hopkins  hath  gotten  printed,  and  six  papr  bookes,  for  records 
for  tlie  jurisdiction,  w'h  a  seale  for  tlie  colonic  W^h  he  desires 
them  to  accept  as  a  tooken  of  his  loue.  The  law  bookes  cost, 
printing  and  papr,  ten  pound  ten  shillings,  the  six  papr  bookes 
fourty  eight  shillings,  and  the  law  bookes  are  now  ordered  to 
be  deuided  as  followeth, 
Newhauen,    200       Milford,        80 

Guilford,       060       Stamford,     70 :  a  pt  of  w^h  for  Grenw^h. 
Southhold,    050       Brandford,  40 

For  euery  of  w^h  bookes  each  plantation  is  to  paye  twelue 
penc  in  good  cuntry  paye,  (wheat  and  pease  was  propounded,) 
to  the  gouernor,  M^.  Hopkings  hauing  ordered  him  to  receive 
it  here  vpon  his  owne  account,  and  therfore  must  be  made  vp 
in  quantitie,  else  he  would  be  a  great  losser  by  it. 

An  inventorie  of  y^  estate  of  widdow  Bradford  of  Brand- 
ford  was  presented  ye  last  court  of  magistrats,  (but  here 
entered,)  amount,  to  9V:  12«:  llfi,  prised  vpon  oath  by 
John  Willford  and  John  Norton,  subscribed  by  Lauranc 
Ward. 

An  inventorie  also  of  y^'  estate  of  John  England,  late  of 
Brandford  deceased,  amount,  to  121':  06^:  11^,  prised  vpon 
oath  by  Samuel  Plume  &  Richard  Harrison,  January  5^^, 
1655,  in  W^h  is  expressed  that  the  last  will  and  testam*  of  y^ 
said  Jn"  England  was  that  Jn°  Sargant  should  haue  tenn 
pound  of  his  estate ;  subscribed  by  Lawranc  Ward. 


[122]  At  a  Court  of  Magistrats  held  at  Newhauen  the 

5th  OP  THE  6th  Moneth,  1656. 

Present/ 

Theophilus  Eaton,  Esq"",  Gouerno''. 

M^  Stephen  Goodyeare,  Dept.  Gou'. 


1656]  JUEISDICTION   OP  NEW   HA  YEN.  187 

Francis  Newman,       ^ 

M^  Benjamin  Fenn,  V  Magistrats. 

Mr.  William  Leete,     ) 

George  Wood,  a  seruant  to  M^.  Goodyeare,  was  called,  and 
what  had  passed  at  Newhauen  court  aboute  a  yeare  since  con- 
cerning him,  for  sundrie  miscariages,  were  now  read,  and 
afterward  M"".  Goodyeare  informed  that  this  man  George 
Wood,  vpon  Saboth  day  was  seuennight,  did  make  great  dis- 
turbanc  in  his  family,  &c.,  a  knife  being  missing,  it  was 
conceived  by  some  in  y«  family  that  he  had  stole  and  was 
challenged  for  it,  but  he  denyed  and  said  he  had  it  not  and  if 
they  would  not  beleeve  him  they  might  search  his  chest, 
wherevpon  Hope  Lamberton  went  vp  w*^h  him  to  see,  and  he 
opened  his  chest  and  tumbled  things  vp  and  downe,  but  so  as 
if  he  would  rather  hide  the  thing  then  discover  it,  yet  by 
prouidenc,  she  saw  the  haft  of  the  knife,  it  being  brass  and 
very  discernable,  and  came  downe  and  told  her  mother,  biit 
George  againe  denyed  it,  and  that  w^h  bitter  cursing  of  him- 
selfe,  wishing  the  knife  in  his  heart  blood  if  he  had  it,  whereat 
M^  Goodyeare  being  much  troubled,  told  Geo:  it  was  neces- 
sarie  now  that  y^  thing  should  be"cleered  and  therefore  some 
other  should  goe  to  see,  wherevpon  M"^  Goodyeare  went  and 
he  with  her,  and  some  body  else,  but  when  she  came  there  he 
would  not  open  his  chest  to  let  her  see,  saying  they  below 
would  laugh  at  him,  and  she  was  faine  to  goe  away  as  they 
came,  w^h  was  a  plaine  mocke  put  vpon  her,  then  M'".  Good- 
yeare went  vp  himselfe  and  when  he  came  George  had  throwne 
the  things  out  of  his  chest  aboute  y^  chamber,  and  bid  him 
looke  in  his  chest  if  any  knife  was  there,  when  as  he  had  taken 
it  away  and  throwne  it  out  at  windowe,  as  himselfe  after  said. 
Hope  Lamberton  being  by  said  there  was  a  bagg  w^h  had  some 
things  in  it,  he  tooke  vp  a  bagg  and  said  here  it  is,  you  may 
looke  in  it,  she  said,  nay,  that  is  not  the  bagg,  that  I  meane 
was  an  Indian  bagg,  he  said  he  had  no  other,  but  affirmed  it, 
and  M'''^  Goodyeare  looking  amonge  the  bed  cloathes  found 
that  bagg  she  ment,  wrapped  vp  in  a  wastcoate  in  a  pillow, 
and  tooke  it  forth,  but  George  Wood  snached  it  out  of  her 
hand,  then  M^.  Goodyear  caught  hold  of  it,  and  they  both 


188  RECORDS   OF  THE  [1656 

pulled  to  see  who  could  get  it,  but  at  length  Geo.  Wood,  see- 
ing he  could  not  pull  it  out  of  M''.  Goodyears  hand,  pulled  it 
before  him  and  fell  downe  and  lay  vpon  it,  and  so  shuffeled 
forth  of  it  what  he  pleased  and  put  in  his  breeches,  and  then 
rose  againe  and  would  haue  gone  downe,  but  M^  Goodyeare 
held  him  and  would  not  let  him,  then  he  stroue  much 
[123]  II  and  got  into  another  chamber  where  lay  a  heape  of 
pease,  and  he  pulled  something  out  of  his  breeches  and  threw 
into  the  pease,  W^h  M"".  Goodyeare  saw  not  and  might  haue 
bine  concealed  had  not  some  other  that  stood  by  discouered  it, 
and  when  they  looked  they  found  two  siluer  spoones,  W^h 
when  he  saw  his  countenanc  fell,  and  being  asked  whose  they 
were,  he  said  M^  Samuell  Batons,  w<=h  were  the  two  spoones 
he  was  charged  w^h  last  yeare,  but  then  desperately  denyed  by 
him,  euen  wUi  cursing  himselfe,  the  markes  of  w^h  spoones, 
both  y-'  goldsmithes  marke  and  the  other,  he  had  fyled  of;  so 
in  the  euening  of  that  day  hee  was  brought  before  y^  gouernor 
who  now  informed  that  he  considering  his  former  and  present 
miscariages,  could  not  but  comitt  him  to  prison,  but  then  he 
first  intreated  that  he  might  not  goe,  but  that  not  preuayling, 
he  fell  to  vse  other  manner  of  cariage,  and  threatened  that  he 
would  kill  himselfe,  or  would  kill  or  be  killed,  and  refused  and 
would  not  goe,  that  the  gouernor  was  faine  to  send  his  owne 
servants  to  assist  the  marshall  and  to  force  him  in,  and  cause 
irons  to  be  put  vpon  him,  yet  he  brooke  the  prison  that  night, 
and  had  not  a  watch  bine  set  on  purpose,  it  may  be  he  might 
haue  escaped. 

George  Wood  was  wished  to  speake  for  himselfe ;  he  seemed 
sorrowfull  and  confessed  all  that  was  charged  vpon  him  was 
true  and  that  his  miscariages  haue  bine  very  greate,  and  said 
he  blessed  God  that  hath  thus  discouered  him  and  afflicted 
him,  for  by  this  he  more  sees  his  condition  and  hopes  it  will  be 
a  warning  to  him. 

The  Court  haueing  considered  of  these  miscariages,  by  way 
of  sentenc  declared,  tliat  George  Wood  be  first  set  in  y^  pillory 
aboute  the  space  of  an  houre,  w4i^  papr  fixed  to  the  pillory 
by  him,  declareing  his  miscariages,  that  after  he  be  seueerely 
whipt,  that  he  and  others  may  learne  to  feare  such  courses ; 


1656]  JURISDICTION  OF  NEW   HAVEN.  189 

and  seeing  he  hath  bine  allreadie  expelled  out  of  this  planta- 
tion for  his  miscariages,  if  securitie  had  not  bine  giuen  for  his 
good  behauiour,  but  now  falling  againe  into  these  and  worse 
courses,  as  hath  bine  declared,  stealing,  lying,  cursing  him- 
selfe,  threatening  to  kill  himselfe  or  others,  mocking  his  mis- 
tris,  rebelling  against  his  master  and  against  the  authoritie  in 
ye  place,  and  this  on  y^  Saboth  day  after  precious  meanes 
injoyed,  w'h  further  lying  and  athiesticall  miscariages,  fyling 
of  ye  markes  of  the  spoones  stollen,  one  of  w^h  would  haue 
bine  death  in  some  other  place ;  wherefore  the  court  judg  him 
not  fitt  to  live  amonge  them,  but  by  this  sentenc  he  is  now 
banished  out  of  this  jurisdiction,  &  if  after  he  is  one  put  forth, 
he  be  found  in  it  againe,  death  is  to  be  executed  vpon  him 
w4iout  any  further  sentence,  but  because  M"".  Goodyeare  hath 
laid  out  some  money  for  him  and  it  is  fitt  it  should  be  repaide, 
they  giue  foureteene  dayes  time  that  he  may  take  his  opptunitie 
to  sell  him  in  any  of  the  other  colonies  or  take  other  course 
for  his  securitie,  but  till  then  he  must  lye  in  prison  &  in  irons, 
that  so  future  miscariages  may  be  preuented  while  he  stayes 
here. 


[124]  At  a  Court  of  Magistrats  held  at  Newhauen  for 
ye  Jurisdiction,  y^  15*^  8'^  M°:  1656. 

Present. 
Theophilus  Eaton,  Esq^",  Gouerno'. 
M'".  Stephen  Goodyeare,  Dept'  Gouerno'". 

Francis  Newman,         "j 

M"".  William  Leete,      >  Magistrats. 

M"".  Benjamine  Fenn,  ) 

Jeremiah  Jagger  of  Stamford  appeared  to  prosecute  in  an 
action  of  the  case  against  Lambert  Woodward,  but  hee  appeared 
not  nor  any  to  answer  for  him,  though  he  is  ingaged  in  a  bond 
of  tenn  pound  for  his  appearanc  ;  wherefore  the  court  ordered 
that  the  secretary  doe  write  to  Stamford  to  y^  constables  there 
that  if  the  said  Lambert  come  theither  they  seize  him  or  his 
estate  to  the  valew  of  tenn  pound,  or  else  take  standing  secu- 


190  EECORDS   OF  THE  [1656 

ritie  to  that  valew,  to  answer  the  case  here  or  satisfye  Jeremiah 
Jagger,  and  ye  same  M^.  Fenn  is  to  doe  at  Milford  if  he  come 
there. 

Henry  Peirson  of  Southampton  prosecuted  in  an  action  of 
the  case  against  M^.  Giles  Siluester  of  Shelter  Island,  on  the 
behalfe  of  John  Cooper  and  Thomas  Coopr  of  Southampton, 
and  showed  to  ye  court  two  letters  of  atturney,  one  from 
Thomas  Coopr  to  his  brother  John,  and  one  from  John  Cooper 
to  Henry  Peirson,  both  to  prosecute  the  said  M^.  Giles  in  this 
action;  &  ye  said  Henry  declared  that  M"".  Giles  Siluester 
imployed  John  and  Thomas  Cooper  to  bring  a  mare  and  two 
colts  to  ye  north  sea  wher  he  had  a  sloope  to  cary  them  to 
Shelter  Island,  which  imployment  (out  of  respect  to  him)  they 
did  accept  and  did  their  indeauour,  but  in  bringing  of  them 
the  mare  being  vnruley  cast  herselfe  and  dyed,  and  Capt. 
Siluester,  whose  the  mare  and  colts  were,  sued  Jonas  Wood 
(of  whom  he  bought  them)  for  the  same,  and  recouered 
against  him,  and  Jonas  Wood  therevpon  sued  John  and 
Thomas  Cooper,  and  recouered  the  same  of  y™,  and  they  doe 
thinke  that  M^  Giles  Siluester  should  beare  them  out  in  it, 
being  he  imployed  them. 

Giles  Siluester  answered  that  he  neuer  imployed  ye  said 
Coopers  in  this  seruice,  but  he  comeing  accidentally  in  the 
sloope  w'h  Thomas  Yew  to  Northampton,  Thomas  Cooper 
came  to  him  and  told  him  that  their  were  a  mare  and  colts  of 
his  brothers  at  Southampton,  and  if  he  pleased  he  would  bring 
them  downe  and  get  his  bro:  John  to  help  him,  and  he  replyed 
[125]  if  they  were  his  brothers  ||  hee  would  receive  them  if 
they  brought  them,  and  they  went  and  brought  two  colts  and 
he  received  them  and  caried  them  to  Shelter  Island,  but  his 
brother  would  not  owne  them. 

Henry  Peirson  was  told  that  what  he  declared  is  denyed, 
therfore  he  must  make  proofe,  wherevpon  he  presented  a  testi- 
money  of  Thomas  Yew  vpon  oath,  wherein  he  testifyes  that 
Mr.  Giles  Siluester  went  with  him  in  j"  sloope  to  Northamp- 
ton, and  said  he  was  ordered  by  his  brother  Nathaniell  to  bring 
a  mare  and  two  colts  to  Shelter  Island  in  case  they  were  taken 
vp,  w^h  they  heard  they  were  and  put  into  the  oxe  pasture. 


1656]  JURISDICTION   OF  NEW   HAVEN.  191 

and  ye  said  Giles  desired  him  to  make  ready  the  sloope  to  take 
them  in,  for,  said  he,  I  haue  got  goodman  Cooper  to  bring 
them  downe,  and  he  brought  two  colt,  w^h  they  received  and 
caried  to  Shelter  Island  and  deliuered  them  safe  on  shore,  and 
that  he  heard  Giles  Siluester  say  the  mare  had  killed  herselfe 
and  that  his  brother  Nathaniel  had  lost  more  then  this  before 
now,  but  here  was  ye  increase. 

A  testimony  of  John  Ogden  vpon  oath  was  also  giuen  in, 
wlierin  he  afQrmeth  that  he  being  at  Northampton  went  aboard 
Capt.  Siluesters  vessell  to  speake  with  Giles  Siluester  and 
found  him  in  great  hast  to  goe  to  the  towne,  he  asked  the 
reason  and  he  said  because  he  had  spoken  to  goodman  Cooper 
of  Southampton  to  looke  vp  a  mare  W^h  his  brother  had 
bought  of  Jonas  Wood,  Hallifax,  that  he  would  gladly  haue 
her  and  cary  her  home  if  she  were  found. 

Tow  testimonies  of  Marke  vpon  oath  were  presented,  the 
one  by  Henry  Peirson,  the  other  by  M'.  Siluester.  In  that 
Henry  Peirson  gaue  in,  Marke  Meggs  affirmes  that  he  heard 
Giles  Siluester  say  to  Thomas  Cooper,  that  he  would  faine 
haue  him  get  vp  the  mare  now  the  boate  is  here,  for  he  knew 
his  brother  would  faine  haue  her,  and  he  promised  paye  for  his 
labour,  wherevpon  Thomas  Cooper  told  him  he  would  his  best 
if  he  could  git  his  brother  or  another  man  to  assist,  for  he 
could  not  doe  it  alone. 

In  that  giuen  in  by  Giles  Siluester,  Marke  Meggs  affirmes 
that  being  aboard  y^  boate  that  M"".  Giles  Siluester  was  in  at 
Northampton,  and  John  and  Thomas  Cooper  being  there,  he 
heard  Thomas  Cooprtell  M^  Giles  Siluester  that  his  brothers 
mare  and  colts  were  y"  in  the  oxe  pasture,  and  Giles  Siluester 
said,  I  wish  I  had  them  here,  seeing  we  haue  a  boate  to  cary 
them  ouer,  for  my  brother  would  very  gladly  haue  them  at 
the  Island,  and  Thomas  Cooper  answered,  Wee  will  bring 
them  downe  if  my  brother  will  help  me,  and  Giles  answered, 
if  they  would  he  should  be  much  ingaged  to  them.  Further 
this  deponent  saith,  that  being  at  Southampton,  goodwife 
Wood  asked  him  to  help  downe  w^h  the  mare  and  colts,  he 
asked  what  mare,  she  said  the  mare  and  colts  that  Capt. 
Siluester  bought  of  her  husband,  he  reply ed  that  Thomas 


192  RECORDS  OP  THE  [1656 

Coopr  and  John  Cooper  promised  M"".  Giles  to  bring  them 
downe,  but  goodw:  Wood  answered  that  neuer  a  Cooper  of 
them  all  should  haue  to  doe  with  any  thing  she  hath,  for  she 
was  to  deliuer  y™  to  M^  Ogden. 

But  by  the  testimony  of  John  Howell,  (whom  goodw: 
Wood  imployed  w'h  her  owne  lad  to  fetch  this  mare  and 
coults,)  it  appeares  that  when  they  vnderstood  that  Thomas 
Cooper  had  order  from  Giles  Siluester  to  take  her  vp  and  haue 
her  to  him  they  left  the  buisnes. 

And  Isack  Willman  vpon  oath  testifyeth  that  he  was  w^h 
goodw:  Wood  when  she  saw  John  and  Thomas  Coopr  haltering 
this  mare  in  the  pound,  but  she  said  nothing  to  contradict 
them  therein. 

[126]  II  And  Ann  White,  who  seeing  the  mare  fall  downe 
when  she  killed  herselfe,  inquired  whose  mare  it  was,  and 
goodwife  Wood  answered  it  was  Capt.  Siluesters  mare  w^h  he 
bought  so  long  agoe  of  her  husband,  sine  W^h  she  hath  had 
two  colts,  then  she  asked  John  and  Thomas  Cooper  why  they 
medled  w^h  her,  and  goodw:  Wood  answered  that  they  were 
to  haue  them  downe. 

A  deposition  of  Thirston  Rainer,  and  another  of  Ellis  Cooke 
were  giuen  in,  both  affirming  that  the  same  day  that  the  mare 
that  is  in  controversy  dyed,  M"".  Giles  Siluester  did  imploye 
John  and  Thomas  Coopr  to  marke  the  two  colts  that  were  left, 
and  they  did  act  accordingly,  and  while  they  were  present 
they  marked  the  said  colts,  or  at  least  one  of  them. 

And  Jonas  Wood  now  being  in  court  affirmed  that  the  mare 
yt  is  dead,  and  now  in  question,  was  the  very  mare  w^h  hee 
sould  and  intended  for  Capt.  Siluester,  and  that  hee  had 
recouered  against  John  and  Thomas  Coopr  in  the  court  at 
Southampton  the  valew  of  the  said  mare  and  colts,  Capt. 
Siluester  hauing  before  sued  &  recouered  the  same  of  him  in 
the  same  court. 

Giles  Siluester  said  that  tliese  men  came  to  him  at  north 
sea,  and  said  that  such  creatures  of  his  brothers  were  in  such 
a  place  and  they  would  bring  them  downe ;  he  answered  if 
they  would,  he  would  be  thankfull  and  satisfye  them,  and  to 
cleere  it  deliuered  in  three  testimonies,  w<=h  are  as  foUoweth, 


1656]  JUEISDICTION   OF   NEW    HAVEN.  193 

Mr.  John  Ogden  deposeth  that  he  told  Giles  Siluester  that 
he  had  spoken  to  goody  Wood  to  bring  tlie  mare  to  north  sea, 
and  she  pmised  to  bring  or  send  her  theither  or  to  Hog-neck, 
and  M'  Giles  said  he  would  haue  the  boate  ready  at  north  sea 
to  cary  her,  yet  he  would  doe  nothing  w^hout  this  depon' ;  ye 
next  morning  he  meeting  M^  Giles,  asked  him  aboute  y^ 
mare,  he  said  they  will  be  here  by  &  by,  he  asked  who  brought 
her,  M'  Giles  said  Thorn:  Coopr  &  some  body  w^h  him,  he 
replyed  to  Giles,  he  had  done  very  badly  and  goody  Wood 
could  not  take  it  well  that  he  had  not  spake  w'^h  her,  M'  Giles 
said  he  hoped  ther  would  be  no  hurt,  he  replyed  I  cannot  tell, 
tlier  might  for  ought  he  knew,  he  asked  Giles  if  he  had  any 
order  from  his  brother,  he  said  no  but  he  hoped  it  would  be 
well  enough,  and  hee  said  he  had  not  done  it  but  onely  that 
Thomas  Cooper  preferred  to  help  him  downe  w^h  them  and  so 
he  imployed  y'". 

Edmund  Shawe,  aged  aboute  forty  seuen  yeares,  deposeth, 
that  being  in  company  w^h  Tho:  Coopr,  he  heard  him  say  that 
he  told  M"".  Giles  Siluester  that  his  brothers  mare  is  got  vp  in 
ye  ox  pasture  at  Southampton,  and  that  Thom:  Coopr  proffered 
his  seruice  to  M^  Giles  to  take  vp  ye  sd  mare  &  bring  her 
downe  to  ye  north  sea,  and  further  saith,  that  being  one  of  ye 
jury  men  at  Southampton  vpon  ye  tryall  of  ye  said  mare,  W^h 
mare  being  killed  the  coults  were  found  by  ye  jury  to  belong 
to  Jonas  Wood  &  not  to  Capt.  Siluester. 

John  Howell  &  his  wife  testifyeth  that  Tho:  Coopr  being  at 
their  house  they  heard  him  say  that  he  profferred  his  seruice 
to  Mr.  Giles  Siluester,  to  cary  downe  his  brothers  mare,  for  he 
said  he  would  neuer  goe  to  the  deuill  for  a  mare,  he  would  tell 
the  truth,  &  if  he  did  pay  for  a  mare  it  should  learne  him  more 
witt  then  to  proffer  his  seruice  to  a  gentleman  another  time. 

[127]  II  Well  being  read,  he  was  told  that  whether  he  or  they 
spake  first  is  not  much  matteriall,  it  is  cleere  by  the  testimo- 
nies ghien  in  both  by  himselfe  &  Henry  Peirson,  and  now  also 
by  his  ovvne  words,  that  he  did  imploye  them  and  promised 
them  paye,  and  therfore  why  he  should  not  beare  them  out  in 
it,  (vnless  he  can  proue  any  miscariage  on  their  part,)  must 
be  considered. 

Things  hauing  proceeded  thus  farr,  both  plant,  and  defendt. 

were  asked  if  they  had  any  more  to  say  in  the  case,  and  they 

said   no.      Wherevpon   after    due   consideration,   the    court 

declared   that   w^h   the   actions  that  haue  formerly  bine  in 

25 


194  RECORDS   OF   THE  [1656 

another  court  they  medle  not,  the  suit  then  not  being  betwixt 
the  Coopers  and  M"".  Siluester,  but  by  what  now  appeares  ye 
mare  and  colts  were  Capt.  Siluesters,  though  not  formally 
deliuered,  and  that  Giles  Siluester  treated  and  agreed  w^h 
John  and  Thomas  Cooper  to  fetch  this  mare  and  colts,  and 
after  by  his  order  they  help  to  marke  the  colts,  and  he  received 
them  and  caried  them  to  Shelter  Island,  and  though  goodwife 
Wood  imployed  some  others  to  fetch  them,  yet  when  they 
heard  that  John  and  Thomas  Cooper  were  imployed  by  Giles 
Siluester,  they  desisted,  and  when  she  saw  them  halter  the 
mare  in  the  pound  she  witnessed  not  against  it,  and  after 
when  ye  mare  was  dead  she  said  it  was  the  mare  her  husband 
sould  to  Captaine  Siluester,  and  that  the  Coopers  were  to  haue 
them  downe. 

Wherefore  vpon  the  grounds  before  mentioned,  the  sentenc 
of  the  court  is,  that  M^  Giles  Siluester  doe  free  the  said  John 
and  Thomas  Cooper  from  the  sentenc  of  the  court  at  South- 
ampton, in  that  action  tryed  there  betwixt  them  and  Jonas 
Wood  concerning  this  mare  &  colts  in  question,  and  from  the 
execution  of  y^  said  sentenc  and  all  damages  and  consequences 
of  the  same,  and  that  he  paye  the  said  John  &  Thomas  Cooper 
for  charges  they  haue  bine  at  aboute  this  buisnes  hue  pounds, 
leaning  the  said  M^,  Giles  at  libbertie  vpon  further  euidenc  to 
haue  the  case  reueiwed,  either  here  or  elsewhere,  or  take  any 
other  just  course  for  his  releife  as  he  shall  thinke  fitt. 

It  is  agreed  that  a  day  of  thanksgiuing  shall  be  kept  through 
the  whole  jurisdiction  for  the  mercies  of  the  yeare  past,  the 
first  fourth  day  of  the  weeke  in  the  next  moneth,  w^h  will  be 
the  5^^  day  of  the  moneth,  and  that  that  day  fortnight  shall 
be  a  day  of  humiliation,  to  humble  ourselues  for  our  sinns 
and  prouoacations  against  God,  and  on  behalfe  of  our  native 
cuntrye,  wherin  also  is  to  be  remembred  the  state  of  things  at 
Hartford,  and  in  Plymouth  colony  also. 

Mr.  Goodanhouse  propounded  for  a  debt  of  thirty  pound, 
due  to  him  (as  he  saith)  out  of  M''.  Westerhouse  estate,  and 
showed  an  account  makeing  the  same  to  appeare,  but  the 
court  saw  not  cause  to  grant  his  desire,  but  they  leaue  it  to 
Newhauen  court,  that  if  they  see  cause  to  let  him  haue  ten 


1656]  JURISDICTION   OF   NEW   HAVEN.  195 

pound  of  that  w<=h  is  in  M'.  Hudsons  hand,  giuing  securitie  to 
be  answerable  as  occasion  shall  serue,  and  for  y^  rest  that  is 
in  M"".  Hudsons  hand,  they  also  leaue  to  them  to  issue  w^h 
him,  both  in  pointe  of  consideration  or  alowanc  for  it  while 
he  hath  had  it  or  shall  haue  it  in  his  hand,  and  for  securitie 
for  ye  time  to  come,  that  the  estate  may  the  better  be  preserued 
for  the  advantage  of  the  creditors. 

It  is  ordered  that  sider  shall  not  be  sould  to  Indians  other- 
wise then  wine,  strong  water,  &c.,  and  vnder  the  same  penaltie 
if  any  doe. 

Newhauen  Indians  were  w^h  the  court  and  desired  them  to 
lend  them  now  in  y^  time  of  their  feares  three  pound  of  pow- 
der, they  were  told  that  they  must  remove  themselues  to  the 
other  side,  where  their  owne  land  is,  and  not  dwell  here  nere 
the  towne,  where  they  are  disorderly  and  giue  offence,  and 
vpon  their  remoue  thiether,  (w'^h  they  haue  7  or  8  dayes 
libertie  for,)  they  shall  haue  three  pound  of  powder  lent  them. 


[128]  At  a  Gen:  Court  held  at  Newhauen  for  the  Juris- 
diction, THE  24th  i2t'»  M",  1656. 
Present. 
Theoph:  Eaton,  Esqi",  Gouerno'".  Deputies. 

M'.  Stephen  Goodyeere,  Deput.  Gou'.      m^.  Wakeman 
Francis  Newman,      )  M^  Gibbard. 

Mr.  William  Leete,    >  Magistrats.  Eobt  Treate, 

M^  Benja:  Fenn,       )  Tho:  Buckingham. 

My.  Kitchen, 
Mr.  Chittendine. 
M"".  Crane, 
Sam:  Swaine. 

The  Gouernor  informed  that  he  had  received  letters  from 
My.  Hawson,  secretarie  to  the  Massachusets  colonic,  by  order 
of  that  gen:  court,  wUi  w\\  this  court  is  to  be  acquainted,  and 
vnto  w«=h  it  is  necessarie  they  should  give  answer.  The  letters 
were  read,  whereby  it  appeared  that  vpon  the  receipt  of  a  letter 
from  the  gen  court  at  Connecticote,  and  sundrie  questions 


196  RECORDS   OF   THE  [1656 

therew'li,  (a  copie  where-of  was  also  sent  and  now  read,) 
aboiite  church  affaires,  the  gen:  court  in  the  Massachusets 
haue  appointed  a  Synod,  or  meeting  of  elders,  to  be  in  the 
beginning  of  June  next,  and  haue  chosen  twelue  of  the  elders 
of  that  colony,  and  desire  this  colony  also  to  send  some  of 
their  elders  to  the  meeting,  for  the  rcsoluing  of  these  ques- 
tions and  what  else  may  be  propounded,  all  w^h  the  court, 
w^h  the  help  of  such  elders  as  were  present,  did  seriously  con- 
sider of  as  a  thing  of  great  weight  and  moment,  and  in  the 
issue,  considering  the  removeall  and  death  of  some  of  their 
elders,  saw  no  cause  to  send  any  of  the  remaining  elders  of 
this  jurisdiction,  but  concluded  that  their  answer  to  the  gen: 
court  of  the  Massachusets  should  be  as  in  this  ensuing  letter. 
Much  Honnoured  Gentlemen, 

Wee  heard  of  some  petitions  and  questions,  at  first  vnwar- 
rantably  procuried  and  presented  at  Connecticote,  but  since, 
vnder  the  name  of  libertie,  offensively  if  not  mutinously  pros- 
ecuted, and  that  the  gen:  court  for  that  colony  had  desired 
advice  or  assistanc  from  yo''selues  therein.  A  letter  by  yo^ 
order  from  M"".  Rawson,  dated  October  22*^,  1656,  informes 
more  pticularly ;  it  came  to  hand  Nouembr  ||tii,  but  the  yeare 
was  then  so  farr  spent  that  it  seemed  inconvenient  to  call  a 
gen:  court;  they  haue  since  mett  and  considered  the  contents, 
and  though  they  approve  yo""  readines  to  afford  help  when  the 
case  requires  it,  yet  themselues  conceive  that  the  elders  of 
Connecticote  colony,  w^h  due  assistance  from  their  court,  had 
bine  fully  sufficient  to  cleare  and  maintayne  the  truth  and  to 
suppress  the  boldness  of  such  petition'"s,  (according  to  a  good 
president  you  gaue  y^  colonies  some  yeares  since,  in  a  case 
not  much  differring,)  wUiout  calling  a  synod,  or  any  such 
meeting,  w'^h  in  such  times  may  prove  dangerous  to  y^  puritie 
and  peace  of  these  churches  and  colonies. 

We  heare  the  petition's,  or  others  closeing  w'h  them,  are 
very  confident  they  shall  obteyne  great  alterations,  both  in 
ciuill  gouerm*  and  in  church  discipUne,  and  that  some  of  them 
[129]  haue  procured  or  hyred  one  as  their  ||  agent  to  main- 
tayne in  writing,  (as  is  conceived,)  that  parishes  in  England, 
consenting  to  and  continewing  their  meetings  to  worship  God, 


1656]  JUKISDICTION  OF  NEW   HAVEN.  197 

are  true  churches,  aud  such  persons  comeing  ouer  hether, 
(w^hout  holding  forth  any  worke  of  faith,  &c.,)  haue  right  to 
all  church  priveledges ;  and  probahly  they  expect  their  deputie 
should  imploye  himselfe  and  improue  his  interest,  to  spread 
and  press  such  paradoxes  in  the  Massachusets,  yea  at  the 
synod  or  meeting.  But  though  some  in  all  the  colonies 
affecting  such  liberty  may  too  readily  hearken  and  comply, 
yet  wee  hope  the  generall  courts,  who  haue  framed  their  ciuill 
polity  and  lawes  according  to  the  rules  of  Gods  most  holy 
word,  and  the  elders  and  churches  who  haue  gathered  and 
received  their  discipline  out  of  the  same  holy  scriptures,  will 
vnanimously  improve  their  power  and  indeavours  to  preserue 
the  same  invyolably,  remembering  that  in  Christs  concernm^s, 
they  that  put  their  hands  to  y^  plough  and  looke  back  will 
certaynly  haue  cause  to  judg  themselues ;  yet  considering  how 
soone  the  church  of  Ephesus,  (much  comended  for  her  puritie 
and  zeale,)  left  and  abated  in  her  first  loue,  and  how  suddenly 
those  famous  churches  declyned,  and  thereby  provoaked  Christ 
to  deprive  them  of  their  church  estate  and  priveledges,  wee 
haue  all  much  C9.use  to  watch  and  pray  that  wee  enter  not  into 
temptation. 

The  churches  in  this  small  colonic  are  sensible  of  an  afflict- 
ing hand  of  God,  in  the  remove  of  M^.  Whitfeld,  and  New- 
hauen  ruling  elder  formerly,  the  remoue  of  M^.  Hooke  lately, 
and  the  death  of  M^.  Prudden,  so  that  it  would  be  very  incon- 
venient for  them,  (besids  M"".  Dauenports  psonall  vnfitnes  for 
so  long  a  journey  in  the  heate  of  summer,)  to  send  or  spare 
any  of  their  remaining  teaching  officers  to  a  seruice'  like  to 
require  much  time ;  but  their  elders  haue  pused  the  one  and 
twenty  questions,  and  drawne  vp  their  thoughts  by  way  of 
answer,  w'^h  beeing  read  and  considered  by  this  court,  are  fully 
approued ;  but  they  also  offer  them  to  yo''  owne  and  to  yo"" 
reuerend  elders  due  consideration,  beeseeching  the  onely  wise, 
holy  and  gracious  God  to  bless  the  meeting,  (w^hout  whose 
speciall  blessing,  according  to  y^  present  state  &  frame  of 
things  in  Connecticote  colonic,  W^h  may  soone  spread  further, 
such  a  meeting,  if  it  hold,  may  produce  sad  effects,)  to  giiide 
all  consultations,  and  to  order  the  success  in  all  respects  to 


198  EECOEDS   OF   THE  [1656 

his  owne  glory  and  his  peoples  good.     W^h  my  due  respects, 
I  rest,        Yes  in  all  seruice  of  loue, 

Theophilus  Eaton, 
In  the  name  and  by  order  of  y^ 

Generall  Court  for  Newhauen  colonie. 

Newhauen,  February  25*1%  1656. 

An  answer  to  the  forementioned  questions,  drawne  vp  by 
Mr.  Dauenport,  was  read  and  approved  by  this  court,  and 
ordered  to  be  sent  to  j^  Bay,  to  the  said  meeting. 

To  the  law  in  print,  concerning  disturbers  of  the  publique 
peace,  as  in  y"  Ijooke  of  lawes,  fo:  35,  this  following  clause  is 
by  this  court  added,  &  is  to  be  obserued  by  the  whole  juris- 
diction. 

And  for  that  designes  or  practises  tending  to  publique 
inconuenienc  and  mischeife,  are  vsually  mannaged  by  letters 
or  writings  in  a  cunning  secret  way,  the  conspirators  or  actors 
not  thinking  it  safe  to  meete  often,  it  shall  be  in  the  power  of 
the  gouernor,  or  any  magistrate,  or  other  officer  where  there 
is  no  magistrate,  vpon  just  or  probable  grounds,  to  search  or 
cause  to  be  searched  any  mans  house,  study,  closset,  or  any 
other  place,  for  bookes,  letters,  wrightings,  or  any  thing  else, 
to  discouer  and  preuent  such  danger,  and  the  like  in  case  of 
murder,  theft,  and  other  enormioss  crimes,  that  wee  may  Hue 
a  quiet  and  peaceable  life,  in  all  godlines  and  honesty,  W^h  is 
the  Yse  and  end  of  magistracy. 


[130]     At  a   Court  of  Magistrats,   held  at  Newhauen 
25th  12th  Mo:  1656. 

Present. 
Theophilus  Eaton,  Esq'',  Gouernof. 
Mr.  Stephen  Goodyeere,  Dept.  Gou'. 
Francis  Newman,      ^ 
M^  Benja:  Fenn,      >  Magistrats. 
W.  William  Leete,  ) 

John  Tompson  entered  an  action  against  the  estate  of  M"". 
Jno  Roberts,  which  is  in  the  hand  of  M"".  Wakeman,  and  some 


1656]  JUEISDICTION   OP   NEW   HAVEN.  199 

there  is  at  Sea-Brooke  in  the  hand  of  one  Westall,  and  some 
at  Roade  Island,  and  declared,  that  there  was  a  treaty  of  mar- 
riage betwixt  the  saide  John  Roberts  and  Ann  Vicars,  (who  is 
now  wife  to  him  the  said  John  Tompson,)  which  treaty  pro- 
ceeded to  a  contract,  now  allmost  foure  yeares  agoe,  after  w^h 
he  went  to  England  and  promised  to  come  againe,  W^h  he  hath 
not  done,  nor  sent  that  they  can  heare  of;  but  before  he  went 
away,  he  gaue  what  he  had  in  this  country  to  Ann  Vicars,  his 
espoused  wife.  Hee  was  asked  when  it  was  due,  he  said  he 
apprehended  when  she  demanded  it.  Hee  was  told,  for  what 
is  in  other  places  this  court  medles  not,  but  w'h  that  w^h  is 
in  this  jurisdiction,  and  because  the  case  concernes  an  absent 
man,  they  must  be  the  more  warye  and  act  vpon  cleere  proofe 
in  what  they  doe,  and  therfore  what  witnesses  he  hath  he  may 
produce,  wherevpon  he  p^'sented  a  testimoney  of  John  Thomas, 
vnder  his  hand,  dated  5'^  day  lO'h  mo :  1656,  as  folio weth, 

I,  John  Thomas,  doe  testify  that  M"".  Jn^  Roberts  told  me 
goeing  to  Millford,  and  at-Millford,  that  whether  he  lined  or 
dyed,  he  gaue  all  his  estate  that  he  had  in  Newhauen  and  at 
Roade  Island,  (in  case  he  came  no  more,)  to  his  contracted 
wife. 

Thomas  Harrison,  now  in  court,  testifyeth  vpon  oath,  that 
he  heard  M^.  Roberts  say  when  he  went  away,  that  he  had 
given  to  Ann  Vicars  his  whole  estate  in  New-England,  whether 
he  lined  or  dyed. 

Anthony  Elcott  also  vpon  oath  affirmeth,  that  he  heard  M''. 
Roberts  say,  both  at  water-side  and  aboard  the  vessell  when 
he  went  away,  that  if  he  proued  inconstant,  or  whether  he 
lived  or  dyed,  he  gaue  that  he  had  here  to  Ann  Vicars,  and 
she  might  goe  to  them,  (meaning  M"".  Wakeman  &  M'  Ling, 
whom  he  intrusted  wUi  his  estate,)  and  take  what  she  would. 

The  Court  considered  of  the  case  propounded,  and  of  the 
seuerall  testimonies  as  they  are  presented,  and  declared  that 
they  finde  that  it  depends  mainly  vpon  his  proveing  inconstant 
or  vpon  his  death,  and  as  Jn"  Thomas  saith,  if  he  came  not 
againe,  in  all  w^h  they  are  yet  vncertaine,  also  they  finde  no 
direction  giuen  to  them  intrusted,  to  alienate  the  estate  from 
M'".  Roberts  to  her,  except  (if  need  were)  to  supply  something 
for  her  present  vse,  nor  can  they  judg  it  rationall  that  he 


200  RECOEDS   OP  THE  [1656 

should  giue  away  his  estate  in  such  a  manner  from  himselfe, 
therfore  the  court  (w^hout  any  prejudice  to  his  right)  must 
leaue  it  till  more  full  light  appeare,  and  beside,  by  what  some 
haue  said,  it  is  questionable  whether  the  estate  here  doth 
belonge  to  M"".  Roberts,  or  to  his  mother. 

Richard  Baldwin  informed  the  court,  that  there  hath  bine 
some  wines  and  liqours  brought  into  Millford  by  William 
[131]  East,  w=h  hath  ||  not  paide  custome  according  to  order, 
for  w^^h  he  was  warned  to  answer  at  this  court  but  appeared 
not,  the  reason  was  giuen  that  because  of  some  present  weak- 
ness of  body  he  is  not  able  to  come,  but  M"".  Fenn  informed 
that  he  hath  written  to  him  to  acquainte  the  court  that  he 
either  forgott  it  or  did  not  know  the  order,  both  w^^h  cannot 
be  true,  nor  neither  in  case  of  the  liqours,  for  he  hath  paide 
custome  for  wine  formerly,  as  John  Browne  and  Samuell 
Cooley  affirme  vnder  their  hands;  and  for  the  liqours  he  was 
told  by  Richard  Baldwin,  who  bought  some  of  it,  that  he  must 
paye  the  custome,  but  he  refused,  and  that  Ensigne  Bryan 
replyed  to  Rich:  Baldwin,  whateuer  he  saith  he  must  paye  it. 
It  was  demanded  how  much  it  is  he  hath  thus  defrauded  the 
jurisdiction  of;  it  was  answered  that  they  finde  first,  three 
pipes  of  wine  and  fifteene  anchors  of  liqours,  but  they  heare 
of  six  pipes  of  wine  more.  The  court  considered  of  the  case, 
and  because  he  is  not  here,  they  pass  no  sentenc  at  present, 
but  order  that  securitie  be  taken  of  him  to  the  valew  of  the 
goods  mentioned,  that  so  he  may  answer  it  at  the  next  court. 

Serjant  Fowler  also  informed  that  James  Roggers  hath 
brought  in  some  liqours  and  not  paide  custome  for  them. 
James  Roggers  being  present  was  asked  how  much  it  was,  he 
said  two  or  three  anchors,  but  part  of  one  of  them  is  still  in 
his  house,  but  was  told  that  custome  should  haue  bine  paide 
for  them  all;  hee  said  also  that  he  had  informed  Ensigne 
Bryan,  the  treasurer  of  their  towne,  of  them,  that  he  might 
receive  the  paye  in  accounts  betwixt  them,  but  ensigne  said 
he  remembers  it  not,  nor  could  James  Roggers  now  say  that 
any  such  thing  had  bine  accounted  for,  though  sine  that  time 
accounts  haue  bine  made  vp  betwixt  them,  nor  did  produce 
any  other  proofe  to  show  he  had  either  paide  or  so  giuen  it  in, 


1657]  JURISDICTION   OF   NEW   HAVEN.  201 

and  M^  Fenn  now  said,  that  hearing  of  it  he  told  James 
Roggers  that  he  must  answer  for  his  said  neglect ;  but  because 
he  might  also  haue  liberty  to  cleere  matters  if  he  can,  the  court 
at  this  time  did  not  pass  sentence  in  the  case,  but  ordered  that 
James  Roggers  doe  also  giue  securitie  to  the  valew  of  the  said 
liqours,  to  stand  to  the  courts  sentence  when  it  shall  be 
declared,  the  takeing  of  w^h  securitie  in  both  cases  is  referred 
to  Mr.  Fenn. 


At  a  Court  of  Magistrats  held  at  Xewhauen  for  the 
Jurisdiction,  the  25^^  3'^  Mo;  1657. 

Present. 
Theophilus  Eaton,  Esq"",  Gouerno^ 
M'.  Stephen  Goodyeare,  Dept.  Gou'. 
Francis  Newman,     ^ 
M^  Benja:  Fenn,      >  Magistrats. 
Mr.  William  Leete,  ) 

John  Vffoote  was  called  before  the  court,  and  charged  w^h 
coihitting  fornication  w^h  Martha  Netleton,  w^h  was  his 
fathers  seruant,  and  first  was  read  what  had  passed  at  a 
former  court,  when  his  wife  and  he  was  deuourced,  and  he 
was  told  that  he  might  obserue  thereby  how  carefull  the  court 
was  to  doe  nothing  in  that  buisnes  but  vpon  cleere  ground, 
w«=h  they  had  then  from  himself,  that  he  was  not  fitt  for  that 
relation,  neither  w'^h  that  woman  nor  w'h  any  other,  and 
judged  so  himselfe  y*  he  neuer  should  be  fitt,  w^h  was  also 
confirmed  by  his  father.  Now  it  is  a  strange  thing,  that  after 
all  this  he  should  miscary  in  this  manner. 

John  Yfibote  confessed  that  he  had  comitted  filthyness  w^h 
this  woman,  Martha  Netleton,  and  that  she  was  w^h  child  by 
him,  and  professed  he  was  sorey  for  his  sinn  therein  comitted 
against  God,  but  yet  desires  the  court  to  consider  the  case, 
[132]  being  before  (though  by  his  owne  fault)  ||  deuourced 
for  insufficiency,  w^h  he  hopes  might  in  time  haue  appeared 
otherwise,  if  his  wife  had  caryed  it  toward  him  as  she  ought, 
but  now  fiudeing  the  neede  of  that  help,  was  by  ye  power  of 
26 


202  RECOEDS   OF   THE  [1657 

temptation  and  corruption,  in  his  owne  heart  ouercome,  he 
desired  the  court  would  be  fauourable  to  him,  and  yt  he  might 
haue  libertie  to  marry  this  woman  Martha,  W^h  is  his  fathers 
desire  also,  as  Rogger  Terrill  who  is  appointed  by  his  father 
did  now  declare  to  the  court,  and  goodman  Netleton,  the 
father  of  the  woman,  being  p^sent  desired  ye  same  also. 

Martha  Netleton  confessed  that  she  hath  comitted  fornica- 
tion wUi  John  Vffoote,  and  is  w'h  child  by  him,  wh  was  in 
Nouemb""  last ;  she  was  told  there  are  some  suspitions  that  she 
hath  caryed  it  ill  w'h  some  other  pson,  but  she  denyed  it  and 
said  she  is  as  innocent  in  that  case  as  the  child  new-borne. 

The  Court  hauing  considered  the  case  did  declare,  that  as 
things  are  now  represented  to  them,  they  thinke  he  is  not 
vncapeable  of  marriage,  howeuer  things  haue  passed  formerly, 
w^h  they  intend  to  inquire  after.  The  fact  now  comittetl  they 
thinke  deserues  corporall  punishment,  but  considering  she  is 
w^h  child,  and  as  they  vnderstand  hath  some  faynting  fitts  and 
so  may  be  apt  to  receive  hurt  by  it ;  they  haue  considered  his 
case  also  as  it  hath  bine  presented,  and  by  way  of  sentenc  doe 
order,  that  John  Yffoote  paye,  as  a  fine  to  the  jurisdiction, 
tenn  pound,  and  that  Martha  Netleton  paye,  as  a  fine  to  the 
jurisdiction,  five  pound,  and  if  further  miscariage  be  proued 
hereafter,  they  must  expect  to  heare  of  it  againe,  and  for  the 
marriage,  the  court  is  willing  that  attending  the  law  in  that 
case,  and  proceeding  in  a  sober  way,  they  may  marry  so  soone 
as  they  shall  see  convenient  for  y'" ;  but  she  and  her  father 
were  told  that  they  haue  heard  what  hath  passed  concerning 
formerly,  and  yet  notwithstanding  by  this  tlieir  desire  they 
show  that  they  judg  him  a  man  fitt  for  that  relation,  and 
therefore  how-euer  things  may  proue,  they  haue  no  cause  to 
make  any  more  questions  in  that  case;  they  all  declared 
themselues  satisfyed  in  that  pticuler. 

An  inuentorie  of  the  estate  of  Humphery  Spinning,  late  of 
Newhaue  deceased,  was  presented,  amount,  to  two  hundered 
and  ten  pound  two  shillings  and  fine  penc,  taken  y^  29^^  of 
Septembr,  1656,  prised  by  Richard  Myles  and  Henry  Rother- 
ford,  and  by  them  testifyed  vpon  oath  to  be  a  true  apprisment, 
at  a  court  held  at  Newhauen  ye  6^^  of  the  11'^  mo^  1656,  and 


1657]  JURISDICTION   OF   NEW   HAVEN.  203 

Humplierj  Spinning,  kinsman  to  y^  deceased,  and  Lettice  and 
Mary  his  two  daughters,  vpon  oath  affirmed  that  it  is  a  true 
and  full  inuentory  according  to,  their  best  light  &  knowledg, 
onely  ther  is  some  desperate  debts,  aboute  7^,  10%  and  a  house 
at  Oyster  Bay  not  in  y^  former  apprisment. 

An  inuentorie  of  the  estate  of  Thomas  Wheeler,  late  of 
Newhauen  deceased,  was  presented,  amount,  to  196':  03:  08, 
taken  the  second  day  of  the  11*^''  m",  1656,  prised  by  Mathew 
Gilbert  and  John  Wakeman,  and  by  them  testify ed  vpon  oath 
to  be  a  true  apprism*  according  to  their  best  light,  at  a  court 
held  at  Newhauen  ye  6''^  of  11*^  m°,  1656,  and  Elizabeth 
Wheeler,  the  widdow  of  y''  deceased,  vpon  oath  affirmed  that 
according  to  her  best  knowledg  it  is  a  full  and  true  inuentorie 
of  her  deceased  husbands  estate. 

[133]  II  The  last  will  and  testamt  of  M^.  Peter  Prudden,  late 
pastour  of  the  church  at  Millford  was  presented,  made  the  26^^ 
day  of  July  1656,  witnessed  by  his  owne  hand,  and  declared 
to  be  so  in  y^  presenc  of  Timothy  Baldwine,  Richard  Piatt  and 
John  Browne. 

An  inuentorie  of  the  estate  of  the  said  M"".  Peter  Prudden 
was  also  p'"sented,  amount,  to  nine  hundered  twenty  foure 
pounds  eighteene  shillings  &  fiue  pence,  prised  by  AUexander 
Bryan  and  James  Roggers,  and  by  them' testify  ed  vpon  oath 
to  be  a  just  apprism'  according  to  their  best  light,  at  a  court 
at  Milford  ye  4tii  of  Decembr,  1656,  and  M^'s,  Joanna  Prudden, 
ye  widdow  and  executrixe  of  y^  deceased,  vpon  oath  affirmed 
that  it  is  a  full  and  true  inuentorie  according  to  her  best 
knowledg,  except  some  reckonings  betwixt  the  towne  of  Mil- 
ford  and  she,  that  at  present  could  not  be  cleered.  This 
inuentorie  was  taken  2'^  Septem:  1656. 

An  inuentorie  of  the  estate  of  Rogger  Williams,  who  lined 
at  Milford,  was  p^'sented,  amounting  to  29':  05:  OO^i,  and 
therin  attested  by  the  secret:,  that  at  a  court  held  at  Milford 
ye  2d  of  Septem:  1656,  AUexander  Bryan  and  Richard  Bryan 
affirmed  vpon  oath  that  this  is  a  true  copie,  taken  out  of  ye 
originall  and  that  ye  originall  inuentorie  was  valewed  justly  to 
the  best  light  of  the  apprissers,  witness'  AUexander  Bryan, 
Robert  Treat. 


204  RECORDS   OF   THE  [165T 

From  Stamford  was  p'"sented  the  last  will  and  testament  of 
Robert  Hussted  senior,  made  the  8'^  day  of  July,  1652,  w^h  is 
confirmed  by  his  owne  seale,  and  witnessed  by  Richard  Crabb 
and  William  Newman;  legally  proued  at  Stamford  4*^  Noiiem' 
1654. 

The  last  will  and  testament  of  Elizabeth  Hnstis,  late  of 
Stamford  deceased,  was  presented,  made  the  16*11  of  October, 
1654,  confirmed  by  the  marke  of  her  owne  hand,  witnessed 
by  Richard  Mills  and  Jeremiah  Jagger,  legally  proued  at  a 
court  at  Stamford  ye  20'h  Nouembr,  1654. 

An  inuentorie  of  the  estate  of  John  Chapman,  late  of  Stam- 
ford deceased,  was  presented,  taken  ye  80'^  January,  1655, 
amount,  to  270' :  17^ :  OS*!,  prised  by  Richard  Law  and  Francis 
Bell  vpon  oath,  as  is  therin  certifyed. 

An  inuentorie  of  the  estate  of  Robert  Rugg,  late  of  Stam- 
ford deceased,  was  presented,  taken  ye  29'^  January,  1655, 
amount  to  SO':  06;  02^,  prised  by  Richard  Law  and  Francis 
Bell  vpon  oath,  as  is  therein  certifyed. 

Some  differenc  betwixt  James  Mills,  M'  Goody eare,  M^. 
AUerton  and  M^  Larebee,  was  presented  to  the  court,  but 
after  by  consent  w^hdrawne  and  referred  to  a  private  deter- 
mination. 

Edward  Jessup,  ]jlant\  )  Edward  Jessup  declared  that  Rich- 
Richard  Or  abb,  defendf.  )  ard  Crabb  hath  taken  vp  a  mare 
of  his  w<=h  had  bine  marked  w^h  his  marke  two  or  three  yeare, 
and  hath  added  another  marke,  and  hath  giuen  away  pt  of  the 
said  mare  to  Abraham  Frost  to  recouer  the  other  part. 

Abraham  Frost,  atturney  for  Richard  Crab,  owned  the 
takeing  vp  the  mare,  and  being  in  question  was  advised  to  giue 
her  some  other  marke,  w^h  they  did  by  cutting  her  tayle,  and 
at  first  he  denyed  that  he  had  one  pt  to  recouer  the  other,  but 
that  it  was  freely  giuen  him ;  he  was  told  it  is  true  he  was 
advised  by  the  constables  at  Stamford  to  giue  her  some  by- 
marke,  as  cutting  a  few  haires  or  the  like,  but  he  had  cut  the 
tayle  quite  off,  w^h  they  neuer  intended,  and  that  is  the  worss 
because  it  is  the  marke  that  Rich:  t5rab  giues  his  other  horses. 

Both  pties  were  told  that  the  court  can  doe  nothing  in  this 
case  but  vpon  proofe,  and  therefore  if  they  haue  any  evidenc 


1657]  JUEISDICTION  OF  NEW   HAVEN.  205 

they  may  produce  it.  Tliat  the  mare  was  taken  vp  by  Richard 
Crab  or  his  agent  and  thils  marked  is  confessed,  and  seuerall 
[134]  II  testimonies  were  presented  by  Edwa:  Jessnp  in  wri- 
ting, w^h  makes  it  probable  that  the  mare  might  be  his,  and 
that  Abraham  Frost  was  to  haue  a  pt  of  y^  mare  and  increase, 
to  reconer  ye  other  pt  for  Richard  Crab. 

Abraham  Frost  also  p^sented  one  testimoney  w<=h  saith  this 
mare  was  like  goodman  Crabs,  and  another  that  saith  it  was 
like  y^  mare  that  goodman  Crab  discribed  to  him  to  be  his. 

But  more  fully  to  cleere  the  buisnes  Edward  Jessup  brought 
Joseph  Mead  of  Stamford,  (who  was  his  agent  and  imployed 
by  him  and  did  marke  this  mare  for  him,)  as  his  witnes,  who 
did  now  in  court  afiirme  vpon  oath,  that  when  Edward  Jessup 
and  his  mother  widdow  Whitmore  went  from  Stamford  to  live 
elswhere,  they  left  two  mares  at  Stamford  and  desired  him  to 
take  care  of  them,  and  he  did  vse  what  care  he  could  in  it,  and 
these  two  mares  and  their  increase  he  obserued  from  time  to 
time,  yeare  after  yeare,  haueing  many  occasions  to  goe  into  the 
woods,  and  this  pticuler  mare  no\^  in  differrenc  she  did  keepe 
w'h  the  other  colt  that  was  a  companion  wUi  her  seuerall 
yeares,  they  two  being  together  he  obserued  them  when  they 
were  sucking  colts  and  also  before  they  were  a  yeare  old,  and 
seuerall  times  in  the  yeare,  and  obserued  how  the  cullour  went 
on,  and  can  safely  say  that  this  mare,  w'hout  any  question  or 
scruple  in  his  conscienc,  is  Edward  Jessups. 

Further  to  strengthen  this  testimoney  it  was  affirmed  now 
in  court  by  some  of  Stamford,  and  some  testimonies  in  writing 
were  showed  to  that  purpose,  that  Joseph  Mead  is  a  man  well 
experienced  in  the  knowledg  of  most  mens  horses  aboute 
Stamford,  and  is  much  imployed  by  others  to  looke  vp  horses 
for  them,  and  is  judged  to  be  one  of  the  ablest  in  towne  for 
that  purpose. 

Abraham  Frost  said  that  when  Joseph  Mead  marked  this 
mare  for  Edward  Jessup,  he  was  wished  by  the  constables  at 
Stamford  not  to  doe  it,  and  the  constables  now  said  that  they 
wished  him  to  forbeare  at  present. 

Both  pties  hauing  spoken  what  they  would  in  the  case,  the 
court  declared,  that  they  haue  considered  the  case  as  it  is  pre- 


206  RECORDS  OP  THE  [1657 

sented,  and  according  to  their  best  light  this  mare  in  question 
seems  to  be  Edward  Jessups,  but  because  it  is  but  one  witnes 
that  speakes  punctially  to  it,  and  that  there  is  possibillitie  of 
mistake  &  the  mare  was  marked  by  Joseph  Mead  against 
advice,  therefore,  if  w^hin  a  yeares  time  Eichard  Crab  or  any 
other  bring  in  better  evidenc,  they  shall  be  heard  and  the  case 
againe  considered,  notwUistanding  what  is  now  done,  and  that 
Richard  Crab  paye  Edwa:  Jessup  for  charges  forty  shillings, 
but  if  Edwa:  Jessup  shall  w^iin  the  yeare  before  mentioned 
remove  the  mare  out  of  this  jurisdiction,  he  shall  put  in  stand- 
ing securitie  to  the  full  valew  of  the  said  mare,  to  be  answera- 
ble for  the  same  if  better  proofe  be  made  and  to  paye  back  the 
forty  shillings  againe  w^h  he  received  for  charges  also. 

The  buisnes  concerning  William  East,  al^oute  the  custome 
of  wines  and  strong  liqours,  w^h  was  in  question  the  last  court 
of  magistrats,  was  now  againe  spoken  to,  and  Richard  Bald- 
win further  informed  that  he  had  told  M^.  Fenn  thereof  l)efore 
any  account  was  giuen  in  or  taken,  w^h  was  at  goodman 
[135]  Fletchers  ||  house,  as  Richard  Bryan  and  Joseph 
Waters  now  affirmed,  and  f[^  Fenn  denyed  not,  w^h  informa- 
tion he  thought  himselfe  bound  by  the  law  to  giue  in,  and 
therefore  expects  the  benifit  of  the  law  thereby.  The  quan- 
titie  is  still  found  to  be  the  same  as  was  before  spoken  of,  that 
is,  fifteene  anchors  of  liqours  and  three  pipes  of  wine  and  six 
pipes  of  wine,  nine  in  all,  onely  it  was  now  said,  and  Samuell 
Cooley  affirmed,  that  some  of  that  wine  was  neuer  landed  at 
Milford,  but  drawne  out  aboard  ye  vessell  into  smaller  caske 
and  sent  to  Yergenia.  William  East  was  not  present,  but 
Edward  Camp  on  his  behalfe  said  that  at  that  time  no  body 
was  appointed  at  Milford  to  receive  the  customs,  and  none 
called  for  it  and  he  forgot.  He  was  told  his  saying  he  forgot 
excuseth  him  not,  and  if  none  were  appointed  he  should  haue 
gone  to  the  magistrate  or  treasurer  and  informed  and  made 
entry,  w^h  might  haue  showed  he  intended  not  to  defraude, 
and  he  cannot  plead  ignoranc  because  himselfe  hath  saide 
that  he  hath  formerly  bine  carefcill  to  paye  customs,  w^h 
implyes  that  he  was  not  so  carefull'  now.  The  buisnes  being 
thus  farr  debated,  was  left  at  present  and  no  sentenc  con- 
cluded therein. 


1657]  JURISDICTION   OF   NEW   HAVEN.  207 

The  like  case  concerning  James  Roggers,  in  question  at  the 
same  time,  was  now  called  vpon,  but  none  was  here  to  answer, 
and  Mr.  Fenn  informed  that  there  is  tenn  or  twelue  pound  in 
Ensigne  Bryans  hand,  W^h  is  securitie  for  him  till  it  may 
appeare  what  the  sentence  of  the  court  is,  w°h  will  also  be 
lyable  to  answer  the  same. 

Some  question  concerning  Henry  Tomlinson  w'^h  did  keepe 
the  ordinarie  at  Milford,  aboute  his  not  glueing  in  a  just 
account  for  wine  and  stronge  liqour  he  hath  drawne,  W'h  was 
vnder  consideration  by  the  court  of  magistrats  in  June  last, 
was  now  further  inquired  into,  and  M"".  Fenn  who  was  then 
desired  by  the  court  to  looke  after  that  buisnes,  presented  an 
acco^  farr  exceeding  what  the  said  Hen:  Tomlinson  had  giuen 
in,  w^li  was  then  but  eight  anchors,  but  now  by  the  account 
ther  appeares  to  be  thirty  one  anchors  &  a  lialfe  of  liqours,  y^ 
8  anchors  giuen  in  before  included,  and  foure  pipes  &  one 
quarter  of  sack,  and  seuen  hogsheads  of  white  wine  and  claret, 
part  of  w«=h  it  seemes  he  hath  since  owned  to  be  due  from  him 
because  he  hath  paide  to  the  treasurer,  as  he  hath  giuen  it 
vnder  his  hand,  twelue  pound  for  excise  of  wine  and  liqours, 
but  the  whole  some  of  the  quantitie  before  mentioned,  at  6^  8^ 
an  anchor  for  liqours,  and  forty  shillings  a  pipe  for  wine,  is 
twenty  six  pound,  beside  the  forfeiture  according  to  the  law, 
seeing  he  gaue  it  not  in  according  to  order,  and  had  it  not 
bine  inquired  after,  it  is  likely  the  jurisdiction  had  bine 
defrauded  of  it.  Henry  Tomlinson  said  that  after  he  was  gone 
from  Milford,  he  desired  M"".  Bryan  to  paye  it,  and  left  estate 
in  his  hand  to  doe  it,  and  12^  was  pd  and  he  thought  it  had 
satisfyed.  He  was  asked  if  he  gaue  the  account  in  vncalled 
for,  or  rather  when  he  heard  it  would  be  questioned  and  saw 
the  danger  like  to  come  then  gaue  it  in ;  he  said  he  remembers 
not  that  any  spake  to  him  aboute  it,  but  M^  Fenn  said  that 
Ensigne  Bryan  told  him  that  Tomlinson  gaue  in  no  account 
to  him,  nor  any  ord""  to  paye  the  forementioned  some,  but  he 
ventured  to  paye  it  and  questioned  not  but  he  would  paye  him 
againe.  Tomlinson  said  that  Ensign  Bryan  could  cleere  it, 
and  therevpon  was  told,  that  seeing  ensigne  is  not  here,  the 
court  will  respite  the  sentence,  prouided  that  he  put  in  securitie 


208  RECORDS   OF  THE  '  [1657 

to  attend  this  court  vpon  due  warning  to  answer  this  matter 
in  question,  w<=h  he  said  he  would  indeauour  to  doe,  and  Jere- 
miah Osborne  now  before  the  court  ingageth  himselfe  and 
estate  to  the  valew  of  fifty  pound,  that  Hen:  Tomlinson  vpon 
due  notice  giuen  shall  attend  this  court  to  answer  in  this  case 
vnder  consideration. 

Thomas  Hopewell,  an  Indian  that  inhabits  at  Brandford, 
was  complained  of  for  giueing  rayling,  threatening  words  to 
[136]  seuerall  psons,  as  John  |1  Whitehead,  Francis  Bradley, 
Samuell  Ward,  Josias  Ward,  and  goodwife  Williams  and  her 
sonn,  saying  he  would  knock  some  of  them  ith'  head,  stab 
some  of  them  at  the  heart,  meete  w^h  them  in  the  woods,  or 
one  time  or  other,  and  then  let  them  looke  to  it,  he  hath  also 
accused  to  goodw:  Williams,  Francis  Bradely  for  being  naught 
w^h  his  wife,  and  after  denyed  it  againe,  but  being  examined 
and  seuerall  writings  read  by  way  of  testimoney,  witnessing  his 
miscariages,  he  could  show  no  just  cause  for  such  words  or 
cariage,  but  said  he  had  no  witnes  here  to  cleere  him,  where- 
vpon  he  had  libertie  to  send  for  them,  and  he  was  told  vpon 
securitie  he  might  haue  his  libertie,  but  fayling  of  that  he  was 
coinitted  to  prison  in  the  meane  time.  After  a  conuenient 
season  of  way  ting  he  was  called  before  the  court  againe,  but 
no  witness  appeared  to  cleere  him,  onely  he  accused  the  wife 
of  Richard  Harrison  for  giueing  him  some  ill  words,  w^'h  he 
requited  wUi  worss,  both  which  the  court  witnessed  against, 
and  told  him  that  if  he  can  cleere  himselfe  of  all  or  any  of 
these  charges  he  hath  libertie,  at  last  he  confessed  that  he  had 
done  fooleishly  and  said  he  was  faulty  in  the  pticulers  men- 
tioned, and  promised  amendment,  where  vpon  M''.  Crane,  John 
Whitehead,  Fran.  Bradley  and  Richard  Harrison,  who  were 
present,  declared  themselues  satisfyed  so  farr  as  to  make  a 
tryall  for  a  time,  and  the  court  told  Thomas  the  Indian,  that 
the  miscariages  are  very  great  and  such  as  may  not  be  borne, 
and  had  it  bine  an  English-man  he  would  haue  bine  witnessed 
against  in  another  manner,  but  vpon  his  confession  and  promise 
to  walke  inoffensively  hereafter,  the  court  will  spare  him  and 
also  make  a  tryall  for  this  time,  and  so  vpon  his  payeing  his 


1657]  JUEISDICTION  OF  NEW  HAVEN.  209 

fees  for  imprisonment,  &  other  charges  if  it  be  required,  he 
may  haue  his  liber  tie. 

John  Beard  and  his  wife  Hannah,  Wh  was  formerly  the 
wife  of  John  Yffoote,  was  called  before  the  court,  and  she  was 
told  that  the  court  hath  heard  sunderie  reports  of  her  ill 
cariage,  w'h  W^h  they  are  much  vnsatisfyed,  and  pticulerly 
that  she  did  not  cary  herselfe  as  a  wife  towards  Jn^  Vffoote 
when  she  stood  in  that  relation  to  him,  but  hath  w'^hdrawne 
that  loue  and  respect  w<=h  she  ought  to  haue  showed,  and  hath 
showed  more  familiaritie  and  content  in  y^  company  of  others 
then  was  meete  and  comely  for  one  in  that  relation.  It  is 
reported  that  vpon  marriage  day  to  Jn^  Yifoote,  she  should 
say  that  she  was  resolued  to  keepe  herselfe  a  maide  for  one 
yeare,  and  there  be  more  then  one  that  say  that  John  Woods 
reported  this,  that  his  wife  then  lining  at  Milford  heard  her 
say  so.     Hannah  Beard  said  that  she  remembers  it  not. 

John  Vffoote  who  in  this  case  complained  as  haiieing  bin 
wronged  by  her,  presented  some  testimonies  to  the  court,  w^h 
were  read,  wherein  M^'s.  Ferman,  Elizabeth  Hinde  y^  wife  of 
Tho:  Hinde,  and  Isabell  Langden  the  wife  of  Tho:  Langden, 
doe  joyntly  and  seuerally  aflfirme  that  they  heard  goodwife 
Beard  say  when  she  was  Jn^  Vffoots  wife,  when  a  fast  was 
kept  at  old  Vffoots  house,  I  did  not  fast,  but  filled  my  belly  as 
full  as  I  could,  and  when  they  prayde  one  way  I  prayde  another 
way.  This  Hannah  Beard  acknowledged  was  true,  and  said 
it  was  her  great  sinn  for  w^h  she  is  sorey ;  she  was  told  it  is  a 
high  pvokation  of  God,  and  that  W^h  sheweth  a  prophane 
spirit  in  her,  beside  the  discouery  of  her  spirit  in  refferrenc  to 
John  Vffoote  who  was  then  her  husband.  This  fast  was  kept 
[137]  to  seeke  God  to  fitt  him  for  his  duty  toward  her,  ||  but 
it  seemes  she  had  no  desire  that  should  be  obtayned,  but  rather 
that  he  might  continew  vnable  still,  (if  it  were  so,)  that  she 
might  thereby  wrmge  herself  from  him,  for  when  they  prayd 
God  to  fitt  him,  she  praide  otherwise. 

Thomas  Hinde,  his  wife,  and  goodw:  Langden  doe  testifye 

they  heard  the  said  Hannah  Beard  say,  that  if  she  was  pted 

from  John  Vffoote,  she  would  quickly  be  married  againe,  and 

also  that  they  heard  her  say  at  another  time,  when  she  was 

27 


210  RECORDS  OP  THE  [1657 

Jiio  Vffoots  wife,  that  John  Vffoote  was  a  foole  and  she  could 
make  him  say  what  she  listed.  These  things  were  fully 
proued,  and  she  denyed  them  not,  and  was  told  that  the  car- 
riages doe  show  that  she  had  no  wife  like  affection  to  John 
Vffoote,  W'h  might  make  him  say  as  he  did ;  and  John  Vifoote 
now  said  that  she  told  him  if  he  would  confesse  himselfe 
insufficient,  she  would  line  w*h  him  halfe  a  yeare  longer,  and 
in  that  time  he  hoped  it  might  appeare  otherwise,  whereby  he 
was  drawne  to  say  as  he  did,  but  it  was  his  great  sinn,  but  y^ 
said  Hannah  denyed  that  euer  she  said  so  to  him.  Another 
writeing  from  M^'s.  Perman  was  read,  wherein  it  is  testified 
that  she  heard  goodw:  Beard  say,  when  she  was  John  Vffoots 
wife,  that  it  is  a  pittious  case  that  she  must  Hue  w^h  one  that 
she  did  neuer  loue.  The  court  told  her  that  they  haue  heard 
of  some  vnsuitable  carriage  w^h  other  men,  and  in  pticuler  one 
that  M^  Hudson  can  speake  to,  who  was  called,  and  affirmed 
that  while  this  woman  was  Jn°  Yffoots  wife,  he  being  occasion- 
ally at  Milford  in  the  winter  time,  some  snow  being  newly 
fallen,  and  he  not  very  well,  wanted  a  horss  to  come  home,  he 
mett  w'h  a  sea-man,  whose  name  he  desirs  to  conceale,  that 
told  him  that  he  could  help  him  to  one,  and  he  had  him  to 
John  Vffoots ;  they  went  into  the  house  and  this  young  man 
asked  for  his  wife,  he  said  she  was  not  at  home,  she  was  gone 
to  Newhaven,  they  sat  downe  a  while  and  tooke  a  pipe  of 
tobaco,  and  in  that  time  she  came  home  and  there  was  such 
mutuall  familiaritie  betwixt  this  sea-man  and  her  as  he  thought 
was  vnseemely  and  he  was  troubled  at  it ;  the  man  was  knowne 
to  be  loose  and  vayne  in  his  life  and  conversation,  and  his 
cariage  a  greife  to  his  relations,  but  she  called  him  brother, 
and  he  called  her  sister,  and  there  was  some  whispering 
betwixt  them,  holding  their  faces  neere  together,  manyfesting 
much  intimacy,  and  when  they  were  come  forth  he  asked  him 
how  they  came  so  familiar,  he  said  he  vsed  to  frequent  the 
house,  but  the  magistrate  heard  of  it  and  threatened  him,  and 
then  he  durst  goe  no  more,  but  then  they  improued  y^  night 
season,  and  went  into  the  meeting  house  and  discoursed 
together.  Goodw:  Beard  was  asked  what  she  said  to  this,  she 
owned  what  was  said  was  true,  onely  that,  aboute  the  meeting 


1657]  JURISDICTION  OP  NEW   HAVEN.  211 

house  she  denyed,  but  said  that  the  generallitie  of  her  carriage 
hath  bine  vnsuitable  for  a  wife,  yet  she  had  bine  no  hinderanc 
to  him  in  way  of  conjugall  duty,  wherevpon  some  other  testi- 
monies were  read,  formerly  taken  by  Capt.  Astwood,  brought 
then  to  cleere  his  sufficiency  and  her  refusall,  for  y^  first  Obed 
Soward,  Francis  French  and  some  other  affirme,  the  pticulers 
whereof  modesty  suffers  not  to  mention,  but  y^  summ  is  that 
it  showes  an  appearanc  of  his  sufficiency  before  marriage,  for 
the  second,  viz*,  her  refusall,  Thom:  Langden  vpon  oath 
affirmeth,  that  lying  at  goodman  Vffoots  one  night  in  the 
chamber  ouer  y^  roome  where  Jn"  VfFoote  &  his  wife  lay,  he 
heard  them  discourse  together  and  heard  her  say,  if  he  would 
not  let  her  alone,  she  would  goe  out  of  y^  bed  and  lye  in  y*^ 
fioore,  after  he  spake  to  her  of  it,  she  owned  ye  words,  but 
gaue  this  as  the  reason,  that  her  husband  would  not  let  her 
[138]  haue  any  cloathes  to  couer  ||  her.  This  was  the  night 
after  the  day  of  humiliation  had  bine  at  goodman  Vffoots. 

Edward  Camp  now  in  court  affirmed,  that  he  lay  one  night 
at  goodman  Vffoots,  in  the  chamber  ouer  the  roome  where 
John  Vffoote  and  his  wife  lay,  and  when  they  were  in  bed  he 
heard  say  plainely,  stand  away,  let  me  alone ;  some  body  laye 
w^h  him  whom  he  asked  the  reason  of  this  disturbanc,  and  he 
said  alass  that  was  nothing  to  what  they  sometime  haue. 

M^  Fenn  said  that  he  hath  heard  that  sometime  ther  hath 
bine  such  disturbance  as  the  old  man  hath  bine  faine  to  rise 
out  of  his  bed  and  call  to  y™,  and  wish  his  daughter  to  attend 
advice. 

Goodwife  Beard  was  told  that  these  things  doe  make  it  prob- 
able that  she  hath  willfully  refused  to  doe  her  duty  to  her  hus- 
band, but  she  would  not  owne  it.  M^  Hawley,  brother  to  y^ 
said  Hannah  Beard,  now  informed  the  court,  that  M"s.  Ast- 
wood told  him,  that  her  husband  Capt.  Astwood  told  her,  that 
Jn"  Vffoote  hath  said  ther  was  no  blame  one  her  part ;  wh  is 
no  maruell  if  he  should,  seeing  she  hath  said  he  was  a  foole 
and  she  could  make  him  say  what  she  hsts. 

Richard  Baldwine,  being  desired  by  her  and  her  brother, 
had  libertie  to  speake,  and  informed  that  she  yeilds  herselfe 
guilty  of  much  euill  and  of  many  vnworthey  and  vnsuitable 


212  EECORDS   OF   THE  [1657 

cariages  for  one  in  such  estate  as  she  was,  (and  feares  she  may 
be  culpable  of  punishmt  thereby,)  specially  before  the  courts 
counsell  to  her,  l)ut  after  she  yeilded  her-selfe  and  sought  help 
from  him,  but  Rogger  Terrill  who  spake  for  old  Yffoote  said 
that  the  night  after  the  courts  admonition,  she  refused  and  run 
out  of  bed.  M^  Fenn  said  old  goodman  Vffoote  spake  to  the 
same  purpose,  and  Thomas  Langdens  testimony  lookes  that 
way,  being  the  night  after  y^  humiliation,  and  for  her  seeke- 
ing  help  of  him,  Jn"  Vffoote  saith  that  one  time  she  spake 
something  that  way,  but  it  was  in  scorne. 

The  Court  hauing  heard  these  seuerall  passages,  tooke  the 
matter  into  serious  consideration,  and  doe  conceiue  that  the 
former  deuource,  in  respect  of  them  w^h  procuried  it,  seemes 
to  be  a  horrible  sinn,  and  goodwife  Beard  hath  cause  to  lay  it 
sadly  to  heart,  for  the  scope  of  the  proofe  seemes  to  runn  that 
way  as  if  she  did  refuse  her  duty  and  befooled  him  and  drawne 
him  to  say  what  she  listed,  to  force  herselfe  out  of  his  hand. 
And  were  the  thing  fully  proued,  it  could  be  no  less  then 
death,  for  he  that  puts  away  his  wife,  except  it  be  for  fornica- 
tion, and  marries  another,  comitts  adultery,  and  the  same  law 
is  in  case  of  y^  woman.  But  vpon  the  proofe  as  it  is,  the 
court  doth  judg  that  it  deserues  to  be  punished  both  w^h  fine 
and  corporall  punishment,  but  considering  of  Hannah  Beard 
as  a  wife  and  subject  to  some  weakness,  w^h  the  court  would 
not  increase,  therfore  they  shall  pass  it  wUi  a  fine,  and  seeing 
she  did  receive  of  Jn"  Vffoote  formerly  thirty  pound  for  wrong 
done  by  him  to  her,  w^h  now  appeares  otherwise,  that  she 
therfore  repaye  him  that  thirty  pound  back  againe,  and  for 
the  charge  and  trouble  the  jurisdiction  hath  bine  at  in  this 
buisnes,  that  she  pay  ten  pound  as  a  fine  to  y^  jurisdiction,  and 
that  she  make  a  full  acknowledgm*,  both  here  and  at  Milford, 
of  her  miscariages  as  it  hath  now  appeared,  and  if  after  any 
further  fact  be  proued,  the  court  must  take  the  matter  into 
consideration  againe  and  possibly  come  to  another  sentence. 
Goody  Beard  now  before  the  court  and  many  witnesses  owned 
her  sinn  and  acknowledged  herselfe^guilty  of  these  miscariages 
as  hath  bine  related. 
[139]   II  M"".    Hudson   informed   the   court  that  vpon  some 


1657]  JUEISDICTION   OP  NEW   HAVEN.  213 

damages  suffered  by  John  Charles  in  his  boate,  Henry  Gloiier 
&  himselfe  attached  some  goods  of  the  said  Charles  his,  in  y^ 
hand  of  John  Youngs  of  Southhold,  w^h  is  now  brought  to 
New-hauen,  w«=h  is  as  is  found  vpon  tryall,  eight  pound  ten 
shillings  two  pence  in  wampom,  and  5  yards  f  of  trucking 
cloth,  course  and  braided,  w<^h  he  desires  they  may  haue  order 
to  dispose  of;  wherevpon  the  court  ordered  that  vpon  their 
putting  in  securitie,  that  if  Jn^  Charles  or  any  for  him  appeare 
and  show  cause  to  the  contrary  they  will  be  answerable  for 
it,  they  may  haue  it,  w^h  securitie  he  promised  should  be 
giuen  in. 


At  a   Court  of  Elections  held  at  Newhauen    for  the 
Jurisdiction,  ye  27th  of  p  3^'  M»,  1657. 
Theophilus  Eaton,  Esq"",  chosen  Gouerno'". 
M^.  Stephen  Goodyeare,  is  cho:  Dept:  Gouerno^ 

Francis  Newman,       ^ 

Mr.  Benjamin  Fenn,  >  cho:  Magistrats. 

Mr.  William  Leete,    ) 

The  Gouerno^  and  M"".  Lecte  are  chosen  Comissionrg,  Fran- 
cis Newman  a  3^^  man,  in  case  any  of  the  other  should  be 
hindered  by  Gods  prouidenc. 

Frances  Newman  chosen  Secretarie. 

M"".  Wakeman  chosen  Treasurer. 

Thomas  Kimberley  chosen  Marshall. 


At  a  Generall  Court   held   at  Newhauen  for  y^  Juris- 
diction, THE  27th  OF  the  third  Moneth,  1657. 
Present. 
Magistrals.  Deputies. 

The  Gouerno'',  M^.  Wakeman,  )  ^.j     , 

Mr.  Goodyeare,  M^.  Gibbard,      \  ^^whauen. 

Francis  Newman,         Thomas  Welch,   )  ,..,^     , 
Mr.  Leete,  William  Fowler,  ^  ^^i^^ord. 

Mr.  Fenn, 


214  RECORDS  OF  THE  [1657 

M^  Chittendine, 


George  Hubbard,  '  C^uilford. 
Richard  Law,  )  «  a^  r  •, 
Fran:  Bell,       j  ^^^  Stamford. 

Leiutt  Bud,  onely  for  Southold. 
M"^.  Crane,  )  t,       if    j 

Leiutent  Swaine,  [  ^randford. 

A  question  was  brought  before  the  court  concerning  some 
fence  in  differenc  betwixt  Thomas  Buckingham  and  widdow 
Plum  of  Milford,  aboute  their  home  lotts,  w^li  was  debated 
and  in  the  issue  Thomas  Buckingham  declared  yt  i^q  would 
maintayne  halfe  the  fenc  in  that  line  betwixt  their  lotts,  be  it 
more  or  less,  and  for  the  outside  fenc,  he  will  make  and  main- 
tayne it  so  farr  as  he  sees  it  may  be  for  his  conveniency,  and 
Richard  Baldwin,  who  appeared  for  his  sister  ye  widdow  Plum, 
[140]  promised  that  whatj|  old  fence  were  of  hers  on  the  out- 
side should  not  be  taken  away,  but  she  was  to  be  at  no  further 
charge  aljoute  it  for  the  future,  w^h  w^h  agreem'  the  court 
were  satisfyed  and  desired  them  to  line  in  peace  and  loue,  as 
neighbours  ought  to  doe. 

It  was  propounded  that  the  price  of  strong  water  might  be 
raised  to  foure  shillings  a  quart,  because  those  that  drawe  it 
complaine  that  they  cannot  make  themselues  moderate  gain- 
ers at  3s  6'^,  there  beeing  not  much  aboue  eight  gallons  to  be 
drawne  out  of  an  anchor,  w^h  costs  them  sometime  fine  pound. 
The  court  considered  of  what  was  propounded,  but  saw  no 
cause  to  alter  or  raise  the  price,  but  did  now  order,  that  if  any 
man  shall  sell  any  caske  of  liqours  in  this  jurisdiction  for  an 
anchor  w<=h  conteynes  less  then  tenn  gallons,  he  shall  paye 
double  the  valew  of  whatsoeuer  is  wanting,  w^h  shall  goe  to 
him  that  should  haue  bine  deceived  thereby.  And  for  small 
measures,  as  quarters  of  pints,  if  they  w<=h  are  alowed  to  drawe 
doe  sell  that  after  the  rate  of  foure  shiH  a  quart  it  shall  be 
accounted  no  offence,  because  by  drawing  such  small  quanti- 
ties there  is  much  wast. 

Richard  Baldwin  propounded  tljat  he  might  hire  of  the 
jurisdiction  the  customs  and  excise  of  such  wines  and  strong 
liqours  as  he  should  drawe  and  sell  by  retayle,  and  offered 
fiue  pound  a  yeare  for  it,  but  the  court  told  him  that  they 


1657]  JUEISDICTION  OP  NEW   HAVEN.  215 

should  not  let  it  so,  for  it  came  to  neere  fifteens  pound  last 
yeare,  but  if  he  thought  good  to  giue  ten  pound  for  this  yeare 
ensuing  he  should  haue  it,  w<^h  he  tooke  time  to  consider  of 
and  then  returned  answer  that  he  would  so  take  it. 

A  complain te  was  brought  from  Stamford  of  the  excessive 
price  of  shooes  and  boots  there,  and  some  instances  were  giuen, 
as  six  shillings  for  a  paire  of  shooes  of  the  tenns,  and  thirty 
shillings  for  a  paire  of  bootes,  as  good  as  w°h  may  be  bought 
here  for  twenty  shillings,  w^h  the  court  thought  was  great 
oppression  and  that  some  course  should  be  taken  aboute  it ;  and 
therfore  did  now  order,  that  those  shooemakers  be  informed 
that  if  betwixt  this  and  ye  court  of  magistrats  in  October  next 
they  doe  not  giue  satisfaction  for  what  they  haue  done  amiss 
ye  time  past,  and  reforme  for  time  to  come,  that  then  they 
attend  the  sd  court,  and  come  prepared  to  answer  their  mis- 
cariages  herein,  and  that  those  offended  or  wronged  in  y^ 
towne,  &G.  come  prepared  to  charge  and  proue. 

Old  M"".  Swaine,  M^  Crane,  Samuell  Swaine  and  Lawranc 
Ward  were  chosen  deputies  for  Brandford  for  the  yeare  ensu- 
ing, and  haue  y^  same  power  comitted  to  them  as  they  had  ye 
last  yeare. 

Richard  Law,  John  Waterbery  and  George  Slawson  were 
chosen  deputies  for  Stamford  for  the  yeare  ensuing,  and  haue 
ye  same  power  as  the  deputies  there  had  formerly,  as  expressed 
May  54,  fo:  62. 

Mr.  William  Wells  and  Leiutennant  Jn^  Bud  were  chosen 
constables  for  Southold  for  the  yeare  ensuing,  and  haue  the 
same  power  as  the  constables  there  had  the  last  yeare. 

And  for  the  ease  of  the  deputies  and  constables  at  Stam- 
ford and  Southold,  it  is  ordered,  that  a  marshall  be  chosen  in 
each  towne  from  yeare  to  yeare,  to  be  helpfuU  to  such  of&cers 
in  such  worke  as  is  suitable  to  him,  in  weh  choise  the  court 
adviseth  that  things  be  so  caried  as  one  man  may  not  be  allway 
burdened  and  others  freed,  vnless  the  towne  shall  see  cause  to 
giue  them  a  just  alowanc  for  the  same,  and  if  any  man  so 
chosen  shall  refuse  to  execute  ye  said  marshall  place,  he  shall 
paye  such  fine  as  this  gen:  court  shall  see  cause. 
[141]   II  The  deputies  of  Stamford  presented  a  papr  to  the 


216  EECORDS   OF   THE  [1657 

court,  wherein  is  declared  the  iugagmeut  of  the  inhabitants  of 
Greenwich  to  submitt  to  this  jurisdiction,  w^h  is  as  followeth, 
At  Greenwich  ye  6th  of  October,  1656. 
Wee  the  inhabitants  of  Greenwich  whose  names  are  vnder 
written,  doe  from  this  day  forward  freely  yeild  ourselues,  place 
and  estate,  to  the  gouerment  of  Newhauen,  subjecting  our- 
selues to  the  order  and  dispose  of  that  generall  court,  both  in 
respect  of  relation  &  gouerment,  promising  to  yeild  due  sub- 
jection vnto  the  lawfuU  authoritie  and  wholesome  lawes  of  the 
jurisdiction  aforesaid,  to  witt  of  Newhauen,  &c. 
Angell  Husted,        Peter  Ferris, 
Lawranc  Turner,     Joseph  Ferris, 
John  Austin,  Jonathan  Reanolds, 

Richard  Crab,  Hanc  Peterson, 

Thomas  Steedwell,  Henry  Nicholson, 
Henry  Accorley,      Jan,  a  Duchman,  coihonly  called  Varllier. 

And  they  are  to  fall  in  w^h  Stamford,  and  be  acc°ted  a  part 
thereof,  and  from  y^  time  of  their  submission  they  are  freed 
from  rates  for  one  whole  yeare. 

A  petition  was  presented  from  Jeremiah  Jagger  of  Stamford, 
wherein  he  desires  the  court  to  release  him  of  his  bond  wherin 
he  stands  bound  to  the  jurisdiction  for  his  good  behauiour, 
and  to  remitt  his  fine  then  laid  vpon  him  (as  himselfe  confes- 
seth)  justly  for  his  miscariage.  The  court  considered  y^ 
motion  and  vpon  inquirie  vnderstood  from  the  deputies  of 
Stamford  that  his  cariage  hath  bine  orderly  and  to  their  satis- 
faction, wherevpon  the  court  did  release  him  from  his  said 
bond,  but  for  his  fine  they  shall  at  present  forbeare  it,  but  not 
wholey  take  it  off. 

Abraham  Frost,  who  at  present  Hues  aboute  Stamford  or 
Greenwich,  presented  a  petition  to  the  court  desiring  some 
releife  from  them  because  he  is  very  poore,  haueing  lost  all 
by  the  Indians  aboute  a  yeare  and  a  halfe  agoe,  his  wife  and 
chilldren  taken  captives  but  after  brought  to  this  jurisdiction, 
where  they  haue  lived  sine  in  a  poore  and  meane  way.  The 
court  considered  the  case  and  ordered  that  ten  bushell  of 
Indian  corne,  or  the  valew  there^Jf  in  other  corne,  be  pd  to 
him  from  Stamford,  w^h  to  be  alowed  them  in  their  rates. 

Wheras  it  is  expressed  in  the  law  that  forty  shillings  a  but 
or  pipe  shall  be  paide  to  the  jurisdiction  for  all  wines  retayled, 


1657]  JURISDICTION   OP   NEW   HAVEN.  217 

the  court  thinkes  that  French  wines  should  paye  a  less  quan- 
titie,  and  therfore  did  now  order,  that  but  ten  shiUings  a  hogs- 
head shall  be  paide  for  all  French  wines  retayled,  and  so  for 
greater  or  lesser  quantities  in  proportion. 

It  is  ordered  that  those  that  are  appointed  in  each  towne  to 
receive  the  custom  and  excise  of  wines  and  strong  liqours, 
shall  haue  12*1  for  euery  twenty  shillings  W^h  they  receive  and 
pay  to  the  jurisdiction,  for  their  care  and  paines  therin. 

From  Stamford  it  was  informed  that  it  is  very  inconvenient 
for  them  to  be  tyed  to  appeare  at  this  court  of  magistrats  in 
May,  vpon  the  second  day  by  one  aclock,  and  therfore  the 
desire  that  the  appearance  of  any  from  their  towne,  when  they 
haue  occasion,  may  be  vpon  the  third  day  at  one  aclock,  w<=h 
was  granted. 

The  conclusions  of  the  comission'"s,  at  their  last  meeting 
at  Plymouth,  were  now  read,  wherein  sundrie  things  are 
[142]  comended  to  ||  be  considered  by  this  court,  w^h  accord- 
ingly were  done,  and  therevpon  the  court  haue  agreed  to 
desire  M''.  Dauenport,  M^.  Higginson  ^and  M^.  Peirson,  to 
gather  vp  the  most  remarkeable  passages  of  Gods  prouidenc 
w^^h  hath  bine  obseruable  in  these  parts  since  their  first  begin- 
ings,  w'^h  may  be  a  help  toward  the  compyling  of  a  history  of 
the  gracious  prouidences  of  God  to  New-England,  wh  the 
comission's  desire  may  be  attended  to. 

It  is  ordered  that  no  Quaker,  Ranter,  or  other  Herritick  of 
that  nature,  be  suffered  to  come  into,  nor  abide  in  this  juris- 
diction, and  if  any  such  rise  vp  amonge  ourselues  that  they  be 
speedily  suppressed  and  securied,  for  the  better  prevention  of 
such  dangerous  errours. 

It  is  ordered  that  no  horss,  mare,  or  any  of  that  kinde,  be 
sould  to  any  Indian  or  Indians,  nOr  any  boats  or  vessels,  can- 
nooes  excepted,  or  any  tackleing  belonging  to,  or  suitable  for 
the  same,  vnder  the  penaltie  (in  both  cases)  of  fine  times  the 
valew  of  what  shall  be  so  sould. 

It  is  ordered  that  if  any  sea-man,  or  other,  bring  any  pson 
into  any  towne  or  plantation  in  this  jurisdiction,  w^hout  leaue, 
and  that  the  place  accepts  not  of  them  to  inhabite  there,  they 

28 


218  RECORDS   OP   THE  [1667 

shall  be  forced  to  cary  them  away  againe,  that  the  plantation 
be  not  troubled  or  charged  w^h  them. 

Leiutennant  Bud  informed  that  there  are  some  poore  people, 
aboute  twelue  in  number,  come  into  their  plantation  from  y^ 
Island,  where  they  haue  suffered  much  hardship,  and  they 
cary  it  orderly  and  well,  but  are  in  great  want,  their  towne 
hath  bine  at  some  charge  w4i  them  and  doe  desire  the  juris- 
diction to  be  helpfuU  to  them  in  this  time  of  their  neede. 
The  court  considered  of  it  and  ordered  that  fine  pound  be 
alowed  to  them  in  corne  or  otherwise,  as  may  suit  their  neede, 
to  be  pd  by  Southold  and  set  of  in  their  rates. 

According  to  an  order  formerly  made,  it  is  now  againe 
agreed  and  desired,  that  the  accounts  of  the  jurisdiction  may 
be  kept  vpon  record,  in  a  booke  for  that  purpose,  and  that  the 
entry  may  begine  in  y^  yeare  1652,  and  so  forward  from  yeare 
to  yeare,  for  w<=h  a  just  recompenc  shall  be  alowed  to  y^  secre- 
tary or  any  other  imployed  to  doe  the  worke.* 

A  petition  from  Jn^  Mead  was  presented,  desiring  the  court 
to  remitt  the  fine  of  tenn  pound  laid  vpon  him  for  his  mis- 
cariage  last  yeare.  Also  a  petition  from  William  Mead,  on 
behalfe  of  John  Richardson,  that  a  fine  of  ten  pound  laide 
vpon  him  for  his  wiues  miscariages  may  be  abated.  The  court 
considered  of  both,  and  agreed  that  halfe  of  each  shall  be 
abated,  prouided  that  the  other  halfe  be  forthwUi  paide,  other- 
wise the  court  will  consider  of  it  againe. 

What  conclusions  of  the  comission''s  are  yet  to  be  recorded 
shall  be  entred  in  one  of  y^  new  bookes  that  came  last  yeare 
from  England. 

It  was  inquired  how  the  order  made  last  yeare  aboute 
horsses  for  troopers,  and  doggs,  and  prouissions  for  the  milli- 
tary  company  haue  bine  attended  in  each  towne,  but  all  the 
plantations  were  found  defective  except  New-hauen  and  Mil- 

*  The  accounts  of  the  jurisdiction,  "  as  they  were  giuen  iu  by  Francis  Newman, 
treasurer,  from  y^  latter  end  of  the  3'>  m",  1652,  till  y'  beginning  of  the  4'i>  m",  1653," 
are  recorded  in  a  thin,  parchment  covered  volurnje,  which  also  contains  other  records 
of  various  dates  and  of  a  very  miscellaneous -cliaracter,  among  others  the  "deeds  & 
other  writings  recorded  at  the  desire  of  Mrs.  Bathshua  Davids,  [Dixwell,]  &  the 
allowance  of  the  county  court."  It  is  believed  that  these  are  all  the  jurisdiction 
accounts  now  extant. 


1657]  JUEISDICTION   OP  NEW   HAVEN.  219 

ford,  wherevpon  they  declared  that  they  thought  it  just  that 
the  fine  of  fine  pound  ordered  in  that  case  should  be  paide  by 
euery  plantation  y*  hath  not  attended  order  therein,  but  no 
vote  could  be  obtayned  in  the  case. 

[143]  II  That  order  in  the  printed  booke  of  lawes  concerning 
the  proportion  of  bullits  or  shott  w'^h  euery  souldio'^  should  be 
furnished  w^h,  was  thought  defective,  and  therefore  whereas 
mention  is  made  of  24  bullits  fitt  for  the  gunn,  the  court 
declared  that  where  their  shott  is  in  bullits,  if  it  be  not  muskit 
bullits  but  their  gunn  smaller  and  bullits  suitable,  then  they 
shall  haue  the  weight  of  foure  and  twenty  muskits  bullits  in 
the  same. 

In  the  law  concerning  farmes,  it  is  expressed  that  all  farmers 
that  line  aboue  two  myle  from  the  towne  shall  the  freed  from 
trayning,  except  twice  a  yeare ;  the  court  now  orders  that  one 
man  in  each  farme  be  freed,  but  the  rest  to  trayne  as  others 
doe,  and  they  also  that  are  so  freed  to  trayne  twice  a  yeare  at 
such  time  as  y"  millitarie  officers  shall  appointe,  but  all  of 
them  to  be  furnished  w'h  compleate  armes,  po^",  &c. 

The  Court  vnderstanding  that  some  Indians  haue  got  sider 
and  made  themselucs  drunke  wUi  the  same,  did  order  that  no 
sider  be  sould  to  any  Indian,  otherwise  then  strong  liqours 
may  be  sold,  &  vnder  y^  same  penal  tie. 

Concerning  some  farmes  neere  Southold,  at  a  place  called 
Hashamamock,  aboute  whome  Barnabas  Horton,  one  of  y 
constables  last  yeare,  hath  written  to  know  whether  they  be  of 
y«  jurisdiction  or  no,  the  court  declared  that  they  that  lined 
ther  formerly  submitted  themselues  to  y^  jurisdiction  and 
they  desire  these  may  also,  and  be  as  a  pt  of  Southold,  and 
attend  orders,  and  receiue  ptection  as  other  planters  doe,  but 
if  termes  are  to  be  propounded,  as  Leiutent.  Bud  informed, 
then  those  conditions  must  be  vnderstood  before  an  answer 
can  be  fully  giuen. 

It  was  propounded  that  the  court  would  thinke  of  some  way 
to  further  the  setting  vp  of  schooles,  for  the  education  of  youth 
in  each  plantation,  for  though  some  doe  take  care  that  way, 
yet  some  others  neglect  it,  w^h  the  court  tooke  into  considera- 
tion, and  seeing  that  Newhauen  hath  pvided  that  a  schoole 


220  RECOEDS   OP   THE  [1657 

master  be  maintayned  at  the  townes  charge,  and  Milford  hath 
made  prouission  in  a  comfortable  way,  they  desire  y^  other 
townes  would  follow  their  example,  and  therfore  did  now 
order,  that  in  euery  plantation  where  a  schoole  is  not  allready 
set  vp  and  maintayned,  fortliw^h  indeauours  shall  be  vsed  that 
a  schoole  master  be  procuried  that  may  attend  that  worke, 
and  what  sallary  shall  be  alowed  vnto  such  schoole-master  for 
his  paines,  one  third  part  shall  be  pd  by  the  towne  in  generall 
as  other  rates,  the  good  education  of  chilldren  being  of  pub- 
lique  concernmt,  and  the  other  two  thirds  by  them  who  haue 
the  benifite  thereof  by  y^  teaching  of  their  chilldren. 

The  charge  of  three  men  imprisoned  last  yeare  vpon  suspi- 
tion  of  stealing  some  wampom  from  Barnabas  Horton,  Wh 
came  to  fifteene  shillings,  is  to  be  pd  to  the  marshall  by  the 
treasurer,  and  ye  same  is  to  be  received  againe  of  Major  Masson 
in  account,  who  was  written  too  to  stopp  so  much  of  their 
wages,  w^h  was  due  to  them  for  their  seruice  w^h  Capt.  Youngs 
in  the  colonies  occasions. 

It  is  ordered  that  all  rates  and  fines  and  other  accounts  due 
from  each  plantation  be  made  vp  euery  yeare  before  the  court 
of  election,  that  so  the  treasurer  may  haue  time  before  y^  gen: 
court  sitts  to  make  vp  his  accounts  fitt  to  be  audited  by  the 
deputies. 

The  Court  was  informed  that  the  stock  of  po""  for  the  juris- 
diction is  verey  short  and  had  need  to  be  supplyed,  wherfore 
it  is  now  ordered  that  the  barrell  of  po"^  oweing  by  M"".  Good- 
yeare  be  called  for  speedily,  and  that  the  treasurer  vse  the 
best  meanes  he  can  by  the  first  opprtunitie  to  procure  two 
barrells  more. 

It  was  propounded  from  Milford  that  the  court  would  take 
[144]  some  ||  course  that  the  keepeing  of  such  multitude  of 
hoggs  may  be  prevented,  but  at  present  nothing  concluded 
in  it. 

Some  lead  in  the  hand  of  one  a  at  Milford  was  to  be 
bought,  if  it  may  be  had  at  a  moderate  price,  for  the  jurisdic- 
tion, if  not,  he  may  sell  it  as  he  can,  but  not  to  cary  it  forth 
of  y^  colony. 

It  is  ordered  that  a  rate  of  two  hundered  pound  shall  be 


1657]  JURISDICTION   OF   NEW   HAVEN.  221 

leuyed  from  the  seuerall  plantations  in  this  jurisdiction,  in 
due  and  equall  proportions,  according  to  their  estates,  w'^h  is 
to  be  paide  to  the  treasurer  at  Newhauen,  the  one  halfe  by  the 
beginning  of  October  next,  and  the  other  halfe  by  the  latter 
end  of  March  following,  halfe  of  it  in  money,  or  beauour  at 
currant  price,  or  in  good  merchantable  corne,  wh  is  to  be 
wheat  and  pease,  or  a  third  wheat,  a  third  rie  and  a  third 
pease,  at  hue  shillings  p  bushel  wheat,  and  foure  shillings  p 
bushel  pease  and  rie,  and  the  other  halfe  in  corne  or  flesh,  as 
ordered  last  yeare,  or  other  paye  as  may  satisfye  the  treasurer 
and  answer  the  jurisdictions  occasions.  And  whereas  objec- 
tion is  made  by  some  that  corne  at  this  price  is  too  deare,  the 
court  agreed  to  leaue  it  w^h  the  treasurer,  that  where  he  sees 
cause  to  abate,  and  so  necessarie  loss  comes,  he  may  put  it  to 
account  and  it  shall  be  alowed.  The  proportion  of  each  plan- 
tation is  as  followeth, 


From  Newhauen 

—  72: 

16- 

-09. 

From  Milford 

—  45: 

12: 

04. 

From  Guilford 

—  27: 

05- 

-07. 

From  Stamford 

—  24- 

-02- 

-07. 

From  Southold, 

—  15- 

-13- 

-11. 

From  Brandford, 

—  14- 

-08- 

-10. 

200    00-00. 

What  sallaries  were  giuen  to  the  gouernor,  secretarie  and 
marshall  the  last  yeare  is  to  be  pd  to  them  this  ensuing  yeare 
also. 

The  buisnes  concerning  Paugaset,  w^h  hath  formerly  bine 
vnder  consideration,  was  now  againe  reviued,  and  Richard 
Baldwin  informed  that  those  w<=h  haue  interest  in  Paugaset 
haue  propounded  some  termes  to  Milford  vpon  w^h  they 
would  willingly  submitt  themselues  to  the  jurisdiction  and  be 
as  a  part  of  Milford,  at  least  till  it  is  thought  fitt  that  they 
should  be  a  village  of  themselues,  but  they  haue  not  bine 
accepted.  The  court  desired  to  know  what  those  conditions 
were,  w^h  he  gaue  in  writing,  w^h  the  court  considered  of, 
and  thought  them  reasonable,  w^h  something  added  w^h  they 
acquainted  him  w'^h,  and  to  w^h  for  himselfe  and  the  rest  he 


222  EECORDS  OP  THE  [1657 

consented,  and  therfore  vpon  the  termes  hereafter  expressed, 
they  desire  Milford  and  they  may  joyne  in  a  loueing  way,  but 
if  Milford  refuse,  it  is  like  Newhaven  will  accept  them. 

1.  First,  that  they  haue  libertie  to  buy  the  Indians  land 
behinde  them  that  is  ouer  Naugatuck  Riuer  and  not  toward 
Newhauen  bounds,  and  also  aboue  them  northward  vp  into  the 
cuntrye. 

2.  Secondly,  that  according  to  the  number  of  psons  ther 
interessed,  they  shall  beare  their  equall  share  of  men  which 
shall  be  pressed  to  any  publique  seruice. 

3.  Thirdly,  that  they  be  free  from  all  such  rates  Wh  pticu- 
lerly  concerne  the  towne  of  Milford,  payeing  the  jurisdiction 
rates,  and  to  the  maintaynanc  of  the  ministrie  at  Milford  so 
long  as  they  injoye  the  same,  and  a  share  toward  the  magis- 
trate when  Milford  shall  agree  vpon  any  alowanc  to  that  end, 
and  their  part  of  common  charges  aboute  the  meeting  house 
[145]  for  the  future  while  ||  they  stand  a  pt  of  Milford,  and 
to  beare  their  share  toward  the  killing  of  woulues  and  foxes, 
and  if  there  be  any  other  questions  hereafter  W^h  is  not  now 
thought  of  and  determined,  it  shall  be  considered  and  issued 
by  this  generall  court,  as  also  how  long  they  shall  continew  a 
pt  of  Milford  or  Newhaven,  and  when  it  is  fitt  they  should  be 
a  village  of  themselues. 

The  bounds  of  their  land  w^h  reflferrenc  to  Milford  is  agreed, 
that  toward  Milford,  betwixt  their  purchase  and  a  brooke  now 
called  Steepe-hill  brooke,  running  into  Paugaset  Riuer,  a 
deuission  be  equally  made  runing  a  line  eastward,  the  one 
halfe,  next  Milford,  to  lye  to  Milford  comon,  and  the  other 
halfe,  next  their  purchase,  to  goe  to  them  for  common;  also 
to  runn  a  line  from  their  purchase,  thereaboute  where  their 
houses  stand,  cross  to  the  line  betwixt  Newhaven  and  Milford 
where  it  is  conceived  it  will  meete  with  Paugaset  path,  or 
thereaboute,  and  then  deuide  it  in  the  midle  north  and  south, 
and  leaue  that  part  to  Milford  comon  next  Newhaven  line,  and 
that  part  to  Paugaset  that  is  next  them.  Freedome  from  rates 
for  some  cattell  for  a  time  was  propounded,  but  not  granted 
at  present. 


1657]  jueisdiction  of  new  haven.  223 

At  a  Court  op  Magistrats  held  at  Newhauen   30''^  4^^ 
Mo,  1657. 
Present, 
Theophilns  Eaton,  Esq^  Gou'. 
Mr.  Stephen  Goodyear,  Dept:  Gou'. 

Francis  Newman,     ^ 

Mr.  Benja:  Fenn,      >  Magistrats. 

Mr.  William  Leete,  ) 

Goodman  Addams,  a  man  that  came  to  worke  at  the  iron 
worke,  who  is  in  treaty  of  marriage  w^h  widdow  Bradfeild  of 
Branford,  whose  husband  dyed  aboute  two  yeares  agoe  and 
left  her  w^h  two  chilldren  and  an  estate  amount,  to  some-what 
aboue  ninety  pound,  as  the  inuentorie  makes  it  appeare,  for 
w<=h  part  belonging  to  y^  children  he  was  required  to  put  in 
securitie  before  marriage,  but  refused  because  y^  said  estate 
is  much  wasted  since  it  was  prised,  ptely  by  the  fall  of  cattell, 
and  ptely  by  other  meanes,  therefore  he  desired  that  the  estate 
may  be  againe  viewed  and  according  to  this  last  valewation 
the  children  might  haue  their  pts.  The  court  was  slow  to 
alter  the  former  inuentorie,  yet  granted  libertie  for  a  review 
of  the  aprisement,  w^h  when  it  is  done  shall  be  duely  consid- 
ered, and  hee  shall  be  informed  what  may  be  done  in  ye  case, 
and  till  this  be  done  hee  promised  not  to  proceede  to  marriage 
as  he  had  thoughts  to  doe  before ;  he  was  told  vpon  securitie 
giuen  to  stand  to  what  the  court  shall  doe  in  y^  case,  he  may 
marrie  before,  but  he  chose  rather  to  forbeare. 

John  Ferris  was  called  before  the  court  and  charged  w^h 
the  sinn  of  beastialitie,  and  for  proofe  thereof  a  testimony  of 
Henry  Accerly,  taken  vpon  oath,  affirmed  to  the  same  before 
Jn"  Ferris. 

[The  testimony  is  omitted  in  publication.] 

[146]  The  Court  haueing  seriously  considered  of  this  matter 
as  it  is  presented,  and  haueing  aduised  w^h  y^  elders  and  re- 
ceiued  their  judgment  in  the  case,  did  declare  that  it  is  a 
most  abominable  sinn,  and  by  one  witness  proved  to  be  the 


224  RECOEDS   OF   THE  [1657 

evidenc  to  confirme  it,  could  be  no  less  than  death ;  his  owne 
confession  is  that  he  attempted  it  and  drew  out  his  member 
to  that  purpose,  though  he  saith  his  owne  conscienc  con- 
demned ye  sinn  as  odiouss,  and  caused  him  to  w'hdraw,  W^h 
the  court  beleeues  not,  but  thinkes  he  did  or  would  haue  pro- 
ceeded further  if  the  discouery  made  not  preuented;  but 
takeing  it  in  the  most  spareing  way  according  to  his  owne 
confession,  that  it  may  be  an  example  of  terrour  to  others, 
the  sentence  of  the  court  is,  that  he  be  seueerly  whipt  here  at 
Newhauen,  and  after,  so  soone  as  he  may  be  fitt,  againe  whipt 
in  ye  like  manner  at  Stamford ;  that  a  halter  be  here  put 
aboute  his  neck,  W^h  he  is  allwayes  to  were  vissibly,  w^hout 
hideing  or  putting  it  off,  and  that  at  his  perill,  till  this  court 
see  cause  to  alter  it ;  that  he  paye  twenty  pound  as  a  fine  to 
ye  jurisdiction  for  the  charge  and  trouble  he  hath  put  them 
to,  this  court  beeing  called  on  purpose  to  attend  this  buisnes ; 
that  he  paye  all  charges  here  to  the  marshall  and  others,  and 
at  Milford  and  Stamford,  to  Henry  Accerely,  or  any  other 
pson,  that  neither  the  jurisdiction  nor  others  may  suffer  loss 
by  such  leud  persons ;  and  that  till  he  haue  his  second  cor- 
rection at  Stamford,  and  this  fine  be  payde  or  securitie  given 
that  both  may  be  pformed  and  other  charges  defrayed,  he 
remaine  in  safe  custody  as  a  prisoner  at  Stamford. 

William  Meaker  entered  an  action  of  defamation  against 
Thomas  Mullenner,  and  declared  that  seuerall  piggs  of  Thom: 
Muleners  dyed,  it  seemes  in  a  strange  way,  and  he  thought 
them  bewitched,  and  said  if  any  more  dyed  he  would  vse 
somes  meanes  to  make  discourey,  and  he  did  cut  of  the  tayle 
and  eare  of  one  and  threw  into  the  fire ;  his  maide  said  he 
knew  who  he  ment,  goodman  Meaker ;  he  said  he  had  heard 
something  of  him. 

George  Smith  informed  that  himselfe  is  wrapt  vp  in  the 
[147]  same  ||  case,  and  desires  it  may  be  considered,  and  that 
he  hath  also  charged  him  w4i  milking  of  the  beards  cowcs, 
W^h  is  a  great  wrong  to  him. 

Thomas  Mullenner  said  he  knew  not  of  any  piggs  tayle  or 
eare  burnt,  yet  said  it  was  a  meanes  vsed  in  England  by  some 
honest  people  to  finde  out  witches,  but  if  it  was  naught  he 


1657]  JURISDICTION   OP  NEW   HAVEN.  225 

desired  to  see  it,  wherein  hee  seems  to  grant  the  thing  he 
denyed,  and  M'^'s  Mullenner  did  owne  that  it  may  be  the  tayle 
or  eare  might  be  burned,  but  Robert  Deny  and  Stephen  Peir- 
con,  servants  to  Thomas  Mullenner,  both  affirmed,  that  after 
some  of  the  piggs  liad  dyed  in  this  strange  manner,  their 
master  said  that  he  feared  they  were  bewitched,  and  if  it  went 
on  he  would  trye  what  he  could  doe  to  finde  it  out,  and  when 
their  was  but  one  left,  and  that  sick,  he  brought  the  pigg  to 
the  fire  and  cut  off  the  eare  and  tayle  and  threw  it  into  the 
fire,  and  after  put  the  pigg  vpon  the  fire  till  it  was  dead,  and 
after  he  fell  into  discourse  of  this  againe,  and  said  that  he 
feared  some  of  his  neighbours  are  not  very  good,  and  the 
maide  said,  she  knew  who  he  ment,  goodman  Meaker ;  hee  said 
that  he  had  heard  something  of  him,  and  because  he  charged 
him  w^h  breaking  open  his  fence,  therfore  he  hath  done  this 
to  his  piggs. 

M  is  Mullenner  said  she  heard  her  husband  say  so  much 
as  showes  that  he  thought  the  piggs  were  bewitched,  but 
she  heard  him  not  charge  Wiiim  Meaker  nor  any  other  man 
w'h  it,,  and  Thomas  Mullener  owned  that  it  was  so  in  his 
thoughts,  and  that  he  said  if  he  lined  amonge  neighbours,  or 
neere  neighbours,  he  should  thinke  they  were  bewitched. 

For  that  part  of  y^  charge  concerning  George  Smithes 
milking  the  beards  cowes,  it  did  appeare  by  the  testimony  of 
both  his  servants  that  he  had  spoken  words  to  that  purpose, 
for  Geo.  Smith  early  one  morning  fetching  his  ownes  cowes 
out  of  Thomas  Mullenners  yard,  where  they  had  bine  milked 
two  nights  before  as  straye  cowes,  Mullener  hearing  y^  gate 
goe,  turned  out  and  saw  him,  and  said,  he  will  not  leaue  his  old 
trade,  and  he  is  vpon  his  walke  allready,  and  one  time  seeing 
aboute  thirty  cowes  of  the  heard  left  behinde  in  the  woods  at 
night,  hee  said,  if  George  Smith  knew  of  them  he  would  haue 
them  before  he  slept.  Many  other  debates  passed,  but  in  the 
issue  what  had  passed  at  Newhaven  court  before,  aboute 
vnrighteousnes  in  markeing  andworkeing  other  mens  cattell, 
&c.,  were  read,  and  vpon  a  due  consideration  of  all  together, 
this  court  declared,  that  they  agree  w-h  what  Newhaven  court 
then  concluded,  and  therfore  that  he  put  in  securitie  for  his 
29 


226  RECORDS   OF   THE  [1657 

good  behaviour  for  the  future  in  these  and  the  like  cases,  or 
remove  himselfe  to  some  other  place.  The  takeing  of  w^h 
securitie  is  referred  to  Newhaven  court  the  third  day  of  the 
next  weeke,  and  also  the  issuing  this  matter  betwixt  Wiiim 
Meaker,  Geo  :  Smith,  and  him.  They  pfessed  now,  it  is  not 
his  estate  they  seeke,  but  a  reformation  and  the  cleering  of 
their  names,  in  W^h  they  have  bine  much  wronged  by  him. 
Leiutennt,  Nash  and  Abraham  Dowlitle  now  informed  that 
they  had  heard  these  matters  betwixt  them,  and  if  Thom: 
MuUener  would  but  have  come  vp  to  any  reasonable  acknowl- 
edgm^  even  to  y^  very  suspecting  himselfe  in  these  cases,  it 
might  haue  bine  ended,  but  he  would  not. 


[148]  At   a   Court   of   Magistrats   held   at   New-hauen 
FOR  ye  Jurisdiction,  y^  21th  qf  the  8'^  Moneth  1657. 

Present. 

Theophilus  Eaton,  Esq',  Gouerno^ 

Francis  Newman,       ^ 

M"".  Benjamin  Fenn,  >  Magistrats. 

W.  William  Leete,    ) 

William  East  of  Milford  was  called  before  the  court  and  told 
that  there  hath  bine  a  buisnes  long  depending  in  court  concern- 
ing him,  aboute  his  not  payeing  custome  for  wine  and  strong 
liqour  he  hath  brought  in  according  to  order ;  two  courts 
allready  it  hath  bine  called  vpon,  and  what  passed  then  was 
now  read,  whereby  it  appeared  that  ther  were  nine  pipes  of 
wine  and  fifteene  anchors  of  liqours,  but  now  William  East 
said  that  three  of  those  pipes,  and  thirteene  anchors  of  liquors 
he  had  given  in  and  paide  for,  and  two  of  the  six  pipes  last 
brought  were  drawne  out  aboard  into  smaller  vessels,  not 
landed  but  sent  to  Yergenia.  He  was  told  none  of  it  were 
giuen  in  nor  paid  for  till  after  complainte  was  made,  and  ther- 
fore  it  saues  not  the  forfeiture.  Hee  confessed  he  neglect- 
ed his  duty  in  not  glueing  in  according  to  order,  but  he  did 
not  intend  to  deceaue  or  defraude  the  jurisdiction,  but  was 
told  that  must  not  be  received  for  an  answer  in  such  cases. 


1657]  JURISDICTION   OF   NEW   HAVEN.  227 

The  court  haueing  considered  of  what  had  before  passed  at 
two  courts,  w^h  what  was  now  said  on  both  sides,  and  being 
wiUing  to  show  as  much  tendernes  as  they  may  justly  in  the 
case,  did  agree  that  for  the  liqoars  and  three  pipes  of  wine 
w^h  were  pd  for,  (though  not  seasonably,)  yet  they  shall 
pass  them  by  w^hout  forfeiture,  and  for  the  two  pips  he  saith 
were  drawne  off  aboard  and  sent  away,  yet  it  is  vnderstood 
one  of  them  was  sould  to  Richard  Bryan  and  not  entered, 
and  so  might  be  required  as  forfeited  also,  but  they  pass  that 
as  the  other,  but  for  the  foure  pipes  that  were  landed  and 
sould,  and  no  entry  nor  payement  made,  they  cannot  but  de- 
clare, according  to  the  law  in  that  case,  that  they  are  forfeited, 
and  being  valewed  at  twenty  pound  a  peece  they  come  to 
foure  score  pound.  The  one  lialfe  belongs  and  must  be  paide 
[149]  to  Richard  Baldwin  ||  the  informer,  and  the  other  halfe 
to  the  jurisdiction,  and  that  the  attachment  w^h  is  vpon  fifty 
pound  of  William  East  estate  at  Milford  remaine  still  vpon  it 
till  the  generall  court  in  May  next,  this  court  being  willing, 
vpon  his  desire,  to  forbeare  the  jurisdictions  part  till  then, 
and  for  Rich :  Baldwins  part,  it  was  said  he  hath  it  in  his 
hand  allready. 

William  East  said  now,  that  fine  pipes  of  wine  were  brought 
in  by  Ensigne  Bryan  at  the  same  time,  w<=h  were  not  entered 
no  more  then  his,  to  cleere  w^h  Ensigne  Bryan  was  to  be  warn- 
ed to  the  next  court  of  magistrats. 

William  East  was  told  there  is  a  sad  fame  spread  abroade 
of  his  excessiue  drinking  and  drunkenness,  so  that  people  as 
they  goe  in  the  street  doe  say,  that  Serjant  East  was  drunke 
yesterday  before  ten  a  clock,  and  now  he  is  drunke  againe 
to  day  allready.  Hee  said  he  dares  not  say  he  is  cleere,  but 
is  sorrey  he  hath  giuen  cause  for  such  reports.  He  was  told 
he  hath  now  a  blacke  eye,  and  whether  it  came  not  by  some 
such  course  he  best  knowes,  of  w^h  he  said  nothing  to  cleere 
himselfe,  yet  said  he  had  some  distemper  w'^h  fell  into  his  eye. 
Some  of  Milford  being  present,  as  Richard  Baldwin,  William 
Fowler  and  Steuen  Freman,  were  called  to  speake  what  they 
know  or  have  heard  in  the  case  ;  but  first  M^.  Fenn,  the  mag- 
istrate, said  that  he  thinks  he  hath  bine  twice  dealt  w^h  at 
Milford  for  drunkenness. 


228  RECORDS  OF  THE  1657] 

Richard  Baldwin  said,  he  could  wish  he  had  less  to  say  in 
this  matter,  he  hath  heard  from  the  Duch  by  a  sufficient  man, 
that  his  cariage  ther  was  exceeding  gross,  that  the  Vergenia 
men  and  sea-men  would  scoff  at  him  and  reproach  religion 
for  his  sake,  saying,  This  is  one  of  yo""  church  members,  but 
some  answered,  No,  but  he  is  not,  for  he  is  cast  out  for  such 
courses  ;  and  for  his  cariage  at  Milford,  he  hath  scene  that 
w^h  hath  bine  a  trouble  to  him,  and  hath  warned  him  not  to 
come  to  his  house,  observing  that  he  sorted  himselfe  w^i  loose 
and  vnsuitable  company,  and  was  giuen  to  drinke  too  much, 
and  to  be  distempered  thereby,  and  so  farr  as  that  others  w'^h 
haue  scene  him  haue  judged  what  they  have  scene  by  him  to 
be  signes  of  drunkenness,  and  he  hath  heard  others  W'h  haue 
come  from  William  Easts  house,  say.  He  is  in  a  high  streine, 
and  he  hath  got  a  cup  to  much,  and  the  last  weeke  he  went 
to  Chesnut  Hill,  and  in  his  returning  one  mett  him  and  saw 
his  face  bloody,  and  caried  it  so  in  words  and  gestures  as  the 
ptie  that  saw  him  thought  him  to  be  drunke, 

William  Fowler  said  he  hath  heard  comon  reports  of  his 
beeing  drunke,  but  one  morning  goeing  into  the  back-house, 
there  came  in  some  sea-men  and  they  said,  Serjant  East  was 
drunke  yesterday  and  he  is  drunke  againe  to  day  allready, 
and  that  was  aboute  nine  a  clock  in  the  morning. 

Steven  Freeman  said  it  is  comonly  reported  that  he  is  often 
distempered  w^h  drinke,  but  for  his  pt  he  sees  him  but  sel- 
dome,  and  so  cannot  speake  of  his  owne  knowledg. 

William  East  was  asked  if  he  would  haue  the  pties  that 
haue  spoken  affirme  what  they  haue  said  vpon  oath,  or  rather, 
wheth"^  it  were  not  better,  if  he  know  himselfe  guilty,  to  con- 
fess and  not  add  this  to  his  other  sinns  by  causing  them  to 
[150]  take  an  oath  in  ||  vayne.  He  desired  not  their  oath, 
but  confessed  he  had  bine  giuen  to  drinke  two  much  too  fre- 
quently, and  it  hath  bine  his  great  sinn,  but  he  hopes  they 
shall  heare  of  it  no  more.  The  court  told  him  they  should 
be  glad  that  it  might  be  so,  but  for  this  miscariage,  as  it  is 
proved  and  confessed,  the  sentenc^of  the  court  is,  that  he 
paye  fine  pound  as  a  fine  to  the  jurisdiction,  and  if  hereafter 
he  fall  into  the  like  sinn  againe,  he  is  to  be  set  in  the  stockes 


1657]  JURISDICTION   OP  NEW   HAVEN.  229 

at  Milford  and  to  be  bound  ouer  further  to  answer  it  at  y^ 
next  court  of  magistrats. 

A  buisnes  depending  aboute  James  Roggers,  concerning 
three  anchors  of  liqours,  w<=h  he  brought  in  and  sould  and 
made  no  entrie  or  payem^  according  to  order,  w^h  hath  bine 
vnder  consideration  two  courts  before  and  respite  giuen  for 
him  to  cleere  himselfe,  w^h  he  hath  not  done,  nor  did  he,  nor 
any  for  him,  appeare  now  to  doe  it,  wlierfore  the  court  de- 
clared, that  the  three  anchors  of  liqours  are  forfeite,  or  the 
valew  of  them,  and  ten  or  twelve  pound,  w^h  is  staled  in 
Ensigne  Bryans  hand  for  securitie  in  the  case,  is  to  be  paide, 
halfe  to  the  jurisdiction  treasurer  for  y^  jurisdictions  occasions, 
and  the  other  halfe  to  the  informers,  w^h  is  betwixt  M^.  Fenn, 
William  Fowler,  and  Richard  Baldwin,  as  they  shall  agree 
amonge  themselues. 

John  Waterberey  of  Stamford  desired  advice  of  the  court, 
his  father  in  law  and  mother  are  both  lately  dead  at  Stamford, 
and  hath  left  some  small  estate  W^h  they  gaue  to  him,  as 
himselfe  and  his  wife  can  testifye,  and  he  now  brought  Henry 
Jackson  of  Fairfeild  who  in  writeing  declared  some  thing  as  a 
ground  why  the  estate  should  belong  to  him  yp-  said  Jn"  Wa- 
terberey, w<=h  writing  he  had  againe  ;  but  by  all  he  was  told 
ther  is  not  a  full  evidenc  to  cleere  the  estate  to  him,  though 
it  is  likely  none  may  haue  more  or  so  much  right  as  he,  ther- 
fore  it  were  best  that  a  true  inuentorie  be  taken  of  the  estate 
and  he  may  be  admitted  administrator  vpon  securitie  put  in 
that  right  may  be  done,  if  any  appeare,  w'hin  the  time  lymit- 
ed  by  the  order,  w^h  can  show  a  better  tytle  then  he  can. 

Joseph  Mead  of  Stamford,  who  stood  ingaged  for  a  fine  of 
ten  pound  for  his  sister  the  wife  of  Jn"  Richardson,  and  John 
Mead,  who  stood  indebted  for  a  fine  of  ten  pound  for  himselfe, 
the  halfe  of  w°h  in  both  cases  the  court  in  May  last  abated, 
and  now  they  brought  two  cowes,  w<=h  they  desire  may  be 
accepted  ijL  full  satisfaction.  The  court  told  them  that  they 
came  not. to  so  much,  for  they  were  prised  at  Stamford  but  at 
eight  pound  tenn  shillings,  w^h  they  owned,  but  in  fauour  to 
them  they  desired  that  the  court  would  accept  them  and 


230  RECOEDS   OP  THE  [1657 

acquitt  the  said  fines ;  of  w<=h  the  court  considered,  and  agreed 
to  doe  it,  and  so  they  were  discharged. 

Isack  Hall,  Thomas  Weeden,  John  Brookes,  and  Mary 
Hitchcock  were  called  before  the  court,  and  the  said  Isack 
was  charged  with  writeing  a  papr,  publishing  a  marriage 
intended  betwixt  Edward  Neale  and  Mary  Hitchcocke,  and 
the  said  Thomas  set  it  vp  vpon  the  meeting-house,  wher  such 
[151]  things  vseth  to  be  sett,  and  ||  yet  ther  was  no  such 
thing,  w^h  is  the  publishing  of  a  lye,  a  high  contempt  of 
authoritie  and  an  abuse  of  the  generall  courts  order.  They 
both  confessed  their  miscariage,  as  they  had  done  before  at 
Newhaven  court,  and  now  petitioned  for  fauour  to  be  showed 
to  them.  John  Brookes  was  blamed  that  he  suffered  this  to 
be  written  in  his  house  in  the  night,  and  did  not  witness 
against  it  as  he  ought  to  haue  done,  and  Mary  Hitchcock 
knew  of  it  yet  acquainted  not  her  master,  nor  tooke  any  other 
course  to  stopp  it,  she  said  she  thought  they  would  not  haue 
set  it  vp ;  but  both  them  were  passed  by  w^h  a  reproofe  and 
warning  to  take  heede  of  such  cariages  hereafter,  but  for 
Isack  Hall  and  Thomas  Weeden,  the  court  ordered  that  they 
sitt  in  the  stocks  one  houre,  and  that  they  make  a  publique 
acknowledgm'  of  their  miscariage  in  some  towne  meeting  or 
otherwise,  when  called  to  it,  and  if  hereafter  they  doe  the 
like,  they  must  expect  more  sharper  dealing. 

A  buisnes  aboute  Henry  Tomlinson  w°h  hath  bine  long 
depending,  concerning  his  drawing  wine  and  strong  liqours, 
when  hee  kept  ordinarie  at  Milford,  w'hout  glueing  account 
thereof  according  to  order.  What  had  passed  formerly  were 
read  and  he  called,  but  Jeremiah  Osborne,  his  securitie,  said 
he  was  sick  and  could  not  come,  but  had  appointed  Serjant 
Fowler  and  himselfe  to  answer  on  his  behalfe,  and  showed  a 
writing  under  his  hand  for  that  purpose,  and  Serjant  Fowler 
presented  a  papr  w<=h  he  writ  as  Tomlinson  informed  him, 
showing  what  wine  and  liqours  he  had  drawne  at  Milford, 
w^li  they  rested  not  in,  but  by  .the  account  formerly  giuen, 
ther  was  thirtie  one  anchors  &,  a  lia,lfe  of  liqours,  foure  pipes 
and  one  quarter  of  sack,  and  seuen  hoh  of  white  wine  and 
clarret ;  the  excise  of  w^h  comes  to  six  and  twenty  pound, 


1658]  JURISDICTION   OF  NEW   HAVEN.  231 

twelve  iDOund  of  w^h  he  hath  paide,  though  not  according 
to  order,  yet  the  court  will  not  recall  that  againe,  but  for  the 
rest,  w^h  is  foureteene  pound,  wh  comes  to  y«  valew  of  seuen 
pipes  of  wine  at  forty  shillings  a  pipe  for  drawing,  is  by  the 
law  forfeite,  or  the  valew  thereof,  w^h  is  at  twenty  pound  a 
pipe  one  hundered  and  forty  pound,  w<=h  the  the  court  declared 
is  due  for  Henry  Tomlinson  to  paye,  in  pt  of  w^h  Jeremiah 
Osborne,  his  securitie  in  fifty  pound  bond,  must  paye  the  same 
w^hout  delay,  onely  if  he  bring  Henry  Tomlinson  in  pson 
hither,  it  is  like  there  may  be  some  forbearanc,  w^h  he  prom- 
ised to  doe. 

[Here  the  record  ceases  to  be  in  the  handwriting  of  Francis  Newman,  and  what 
follows,  to  the  middle  of  page  [283,]  is  in  that  of  William  Gibbard.] 


[152]  At  a  Court  of  Elections  held  at  Newhaven  for 
THE  jurisdiction,  THE  26^^  OF  May  1658. 
Mr.  Francis  Newman  chosen  Gouerno'',  M^.  Will  Leet  chosen 
Deputy  Gouernor,  M"".  Mathew  Gilbert  chosen  Magistrate  for 
Newhaven.  M^.  Beniamin  Fenn  chosen  Magistrate  for  Mil- 
ford,  M^  Jasper  Crane  chosen  Magistrate  for  Brainford.  The 
Gouerno''  &  Deputy  Gouerno''  were  chosen  Comissioners,  M^. 
Goodyeare  a  third,  &  M^  Gilbert  a  fourth,  to  supplie  in  case 
any  providence  of  God  should  hinder  the  other  or  either  of 
them.  M^  John  Wakeman  chosen  Treasurer.  W'".  Gibbard 
chosen  Secretary.  Tho:  Kimberly  chosen  Marshall.  All  for 
ye  yeare  ensuing. 


At  a  Gen:  Court  held  at  Newhaven  for  y^  Jurisdicon, 
THE  26th  OF  May,  1658. 

P^SENT, 

The  Gouernour,  Deputies. 

Deputie  Gouernour,  M^.  Wakeman,  j  Ne^^aven. 

Mr.  Gilbert,  ^'"  ^''^' "  -" 


Mr.  Fenn,     \  Magistrates.     Leiftenn'  Treat, 
Mr.  Crane,    S  Tho  Welch, 


Milford. 


Southold. 


232  RECOEDS   OF  THE  [1658 

Leiften  Chittendon,  )  ^    .,^    , 
Georg  Hubbard,      '  j  Guilford. 

Rich  Law,        )  r,,      ^    -, 
Francis  Bell,    \  S^^^ford. 

Tho:  More, 
Barnabas  Horton, 

Leiftennt  Swaine,     U^ainford. 
Lawrenc  Ward,        ) 

The  Deputies  p^sented  their  certificates,  whereby  it  appeared 
y'  they  were  chosen  to  y'  trust,  W^^  being  read  were  approved. 

Sargeant  Richard  Baldwin  of  Milford  declared  vnto  y^  court 
y*^  he  was  desired  by  Leiftenn*  Thomas  Wheeler  to  propound  his 
desires  y'  ye  land  lately  purchased  by  him  of  the  Indians, 
at  or  neare  Paugasett,  might  be  accepted  as  a  part  of  this 
jurisdiction,  vjDon  the  same  tearmes  w^h  those  other  proprie- 
tours  there  were  received,  to  W^^'  y  court  answered  y*  they  doe 
incline  to  his  motion,  but  desired  first  to  speake  w4i  Leiftenn*^ 
Wheeler  himself,  before  they  give  a  full  answere  in  the  case. 

It  was  propounded  by  some  of  the  deputies  to  the  consid- 
eration of  the  court,  whether  the  prizes  of  some  sorts  of 
cattell,  as  they  stand  in  the  printed  law,  in  refference  to  rates, 
be  not  now  above  what  they  are  truly  worth,  w<^h  being  de- 
bated &  considered,  it  was  now  ordered,  that  a  beast  of  three 
yeere  old  be  rated  but  at  3''  10%  cowes  of  4  yeere  old  or 
aboue,  but  at  4i',  steares  or  bulls  of  4  yeare  old  at  5'',  all 
oxen  or  bulls  of  5  yeare  old  or  aboue,  at  61%  accounting  their 
severall  ages  as  it  is  ordered  in  ye  printed  law,  but  this  alter- 
ation not  to  take  place  vntill  ye  3^  moneth  1659. 

A  petition  of  Willm  East  of  Milford  was  pi'sented  &  read, 
wherein  he  desired  y^  abatem*  of  a  fine  of  40",  for  w^^  he 
stands  debtor,  by  sentence  of  court  to  the  jurisdiction,  w<=h 
[153]  being  considered  ||  it  was  by  vote  declared  that  they  are 
contented  so  far  to  mittigate  &  moderate  y^  former  sentence, 
(w^b  he  acknowledgeth  iust,)  that  if  20''  be  forthwith  paid  to 
ye  satisfaction  of  ye  treasurer,  they  forgive  ye  rest. 

The  Court  having  information  y*  not  only  they  yt  are  resi- 
dent at  Paugasett,  but  also  some  others  yet  liveing  at  Milford 
who  are  become  proprieto'"^  there,  do  deny  paym^  of  rates  for 
their  cattell,  both  to  ye  towne  &  jurisdiction,  w^h  ye  court 


1658]  JURISDICTION    OF    NEW    HAVEN.  233 

takeing  into  consideration  declared,  that  such  as  are  dwellers 
at  Milford  are  to  pay  rates  for  such  cattell  w^^  are  for  y«  most 
part  there,  both  to  y^  towne  &  jurisdiction,  but  for  y^  cattell 
w^h  are  for  the  most  part  at  Paugasett,  belonging  to  y^  setled 
inhabitants  there,  rates  are  to  be  paid  to  y®  jurisdiction  onely, . 
Leiftennt  Treat  &  Ensigne  Brian  were  desired  to  require  a 
list  of  them  and  send  it  to  y=  treasurer  at  Newhaven. 

The  customs  &  excise  of  wines  &  liqiioures  of  the  towne  of 
Milford  are  let  out  to  Ensigne  Brian,  at  20ii  for  y®  yeare  ensu- 
ing. It  was  withall  ordered  y'  he  farme  it  not  out,  nor  any 
part  of  it  to  any  other,  &  that  what  wines  and  liquours  shall 
be  found  there  when  y^  yeare  is  expired  shall  be  liable  to  pay 
customs  &  excise  as  in  other  places  of  y^jurisdictio,  and  y* 
all  forfeitures  for  non-entry  shall  remaine  to  y°  jurisdicti(3  & 
informer  according  to  y°  printed  law. 

Mr.  Atwater  acquainted  y*"  court  yt  he  sustained  4''  damage 
in  a.pcell  of  beife  sent  into  y*^  Bay  in  a  payment  for  y'^  juris- 
diction when  he  was  their  treasurer,  w^'  he  desired  might  be 
allowed  him,  w^^  y''  court  haveing  debated  &  considered  saw 
not  cause  to  allow  to  him  vnder  y'  consideration,  but  calling 
to  minde  y^  service  he  hath  done  in  y'  office  of  treasurer,  did 
order  y""  treasurer  to  pay  M^.  Atwater  y*"  some  of  4i»  by  him 
mentioned. 

The  Deputies  of  Southold  propounded  y°  desires  of  their 
towne  to  repurchase  of  j°  jurisdiction  a  pcell  of  land  called 
Mattatock  and  Akkabawke,  w^h  y'^  court  considering,  by  vote 
declared,  that  they  paying  7''  in  good  pay,  y°  said  land  is 
theires,  w^'^  was  accepted  by  their  deputies. 

The  Court  calling  to  minde  the  good  service  done  to  this 
colony  by  o"^  late  honoured  gouernou"",  did  order  y*  a  comely 
tombe,  such  as  we  are  capable  off,  shall  be  made  ouer  his 
grave,  and  y*^  y^  estate  he  left  behind  him  shall  be  free  from 
rates  this  yeare  to  y"  jurisdiction. 

The  pceedings  of  j"  court  against  Humphrey  Norton,  a 
Quaker,  being  read,  was  approued  by  y*"  vote  of  this  court.* 

*  Humphrey  Norton,  -whom  the  court  at  Plymouth,  Oct.  6,  1657,  had  banished,  had 
been  sent  a  prisoner  from  Southold  and  was  brought  before  the  plantation  court  of 
New  Haven,  Mr.  Leete  and  Mr.  Feun  being  called  in  to  assist,  March  10th,  1657-8. 

30 


234  RECORDS    OF   THE  [1658 

Leiftemi'  Chittendoii  &  Leifteiiii'^  Treat  were  sent  fro  y^ 
court  to  desire  of  M^^i^  Eaton  that  she  haveing  taken  to  her 
y^  writeings  proper  to  herself,  that  y®  gouerno'",  w'^  some 
others  who  she  should  approue,  might  take  a  veiw  of  the 
writeings  remaining  w^-'i  are  of  concernment  to  y"  jurisdiction, 
to  w^ii  motion  she  readily  assented,  w^''  writeings  were  comit- 
ted  to  ye  custody  of  y-'  gouernour. 

The  Court  ordered  y*^  y^  constables  of  Southold  do  require 
of  the  p'sent  inhabitants  of  Hashamommocke  a  list  of  their 
rateable  estate  as  it  was  agreed  betweenc  y^  towne  of  Southold 
&  the  former  inhabitants,  w^ii  list  shall  be  sent  by  y^  first 
oppertunity  to  y^  treasurer  at  Newhaveu. 

By  way  of  explanation  of  y"  law  concerning  impost  vpon 
wines  and  liquours,  the  court  declared  y'  what  wines  or 
liqueurs  are  sould  in  any  harboure  w'^'-in  this  jurisdiction  shall 
be  liable  to  pay  custom  as  if  they  were  sould  on  shore. 
[154]  II  The  Deputies  of  Newhaven  were  desired  by  the  court 
to  take  order  for  the  repaires  that  shall  be  found  necessary  to 
yo  prison  for  y'  part  which  concernes  the  jurisdiction. 

The  Court  haveing  information  of  some  indirect  pceedings 
by  some  psons  in  their  branding  of  horses,  as  an  addition  to 
ye  printed  law  did  order,  that  all  horses  &  mares,  both  elder 
&  younger,  shall  be  sufficiently  branded  l)y  the  man  appointed 
to  y'  service  by  the  plantations  respectively,  &  y*  wliat  pson 

The  charges  agahist  him  were,  "  That  he  hath  greiuously  and  m  manyfold  wise 
traduced,  slandered,  &  reproached  M^.  Youngs,  pastour  of  the  church  at  Southold? 
in  his  good  name  and  the  honnour  due  to  him  for  his  workes  sake,  together  wth  his 
ministrie,  and  all  our  ministers  &  ordinances. 

"  2.  That  he  hath  indeauoured  to  seduce  the  people  from  their  due  attendanc  vpon 
the  ministrie  and  the  sound  doctrins  of  our  religion  setled  in  this  colonye. 

3.  "  That  he  hath  endeauoured  to  spread  sundrie  heretticall  opinions,  and  that 
vnder  expressions  Wch  hold  forth  some  degree  of  blasphemy,  and  to  corrupt  the 
minds  of  people  therein. 

"  4.  That  he  hath  endeauoured  to  villifye  or  nullify  the  just  authoritie  of  the  magis- 
tracy and  gouerment  here  setled. 

"  5.  That  in  all  these  miscariages  he  hath  endeauoured  to  disturbe  the  peace  of 
this  jurisdiction." 

The  trial  is  recorded  at  length  in  the  N.  H.  lovni  Rec.  ii.  235-8. 

He  was  sentenced  to  be  severely  whipped,  and^randed  on  the  hand  with  the  letter 
H.  for  spreading  his  heretical  opuiions,  to  be  excluded  from  the  jurisdiction  and  not 
to  return  upon  penalty  of  the  utmost  censure  the  law  will  inflict,  and  for  the  trouble 
and  charge  he  hath  caused,  to  pay  a  fine  of  £10  to  the  jurisdiction. 


1658]  JURISDICTION   OF   NEW   HAVEN.  235 

or  psoiis  soever  shall  by  himself,  or  any  other  besides  the 
aforesd  officer,  brand  or  cause  to  be  branded  any  horse,  mare 
&c.,  he  shall  pay  for  euery  default  in  so  branding,  10^  as  a 
fine,  &  shall  further  stand  liable  to  answere  ye  lust  demands  of 
any  other  for  any  damages  sustained  by  his  irreguler  act.  It 
is  further  ordered  as  an  addition  to  the  last  clause  of  the  said 
law,  that  where  y^  ground  of  any  mans  claime  to  any  such 
horse  or  mare,  or  any  of  y'  kinde,  as  his  owne,  lieth  rather  in 
pbable  circomstances  then  dew  evidence,  publication  thereof 
shall  be  made  three  seuerall  times,  both  in  y^  plantation 
wherein  he  lives  &  y^  two  next  plantations,  vpon  three  seuer- 
all dales  of  the  townes  most  generall  meeting  w^''  ye  time 
affords,  y^  way  may  be  open  to  other  claimes. 

The  Court  ordered  yt  those  w^h  are  in  publique  trust  for 
Stamford  shall  require  of  the  inhabitants  of  Greenwich  a  list 
of  their  rateable  estate  &  send  it  to  the  treasurer  at  Newhaven. 

In  answere  to  a  motion  made  in  y°  behalf  of  Jer:  How,  y^ 
court  remitted  to  him  a  debt,  about  26^  S'l,  dew  for  excise  of 
liqueurs. 

It  is  ordered  that  in  euery  plantation  some  fitt  man  shall  be 
appointed  to  keep  a  record  of  all  horses  or  mares,  whether 
elder  or  younger,  w^^  are  either  sould  &  delivered  w'''in,  or 
shipped  out  of  this  jurisdiction,  w^^  being  brought  to  y"  said 
officer,  he  shall  take  notice  of  the  time  when  sould  or  shipped, 
ijyth  ye  age,  couler,  naturall  or  artificiall  marks  of  any  such 
horse  or  mare,  w^i'  y^  name  of  the  seller  &  buyer.  It  is  fur- 
ther ordered  y'  whosoeuer  shall,  by  himself  or  any  other, 
make  such  sale  out  of  this  jurisdiction,  he  shall  wt''in  six 
dayes  after  his  returne  home,  or  after  intelligence  received  of 
such  sale,  make  such  entry  as  is  Ijefore  exprest,  w^  officer 
shall  receive  for  his  care  &  paines  4'' ;  but  whosoeuer  shall 
offend  in  refference  to  y''  pi'mises,  shall  for  euery  horse  or 
mare,  &c.,  so  sould  &  delivered  or  ship'd  &  not  entered,  pay 
51'  as  a  fine  to  the  jurisdiction. 

Richard  Lawes,  Francis  Bell  &  John  Waterbury  were 
chosen  deputies  for  Stamford  for  y"  yeare  ensuing,  who  have 
y''  same  power  comitted  to  them  which  y*^  deputies  there  had 


236  RECORDS   OF   THE  [1658 

May,  1654.  Rich:  Lawes  &  Francis  Bell  tooko  y^  deputies 
oath,  who  are  to  administer  the  same  to  John  Waterbiiry. 

Tho.  More,  Barnabas  Horton  where  chosen  &  sworne  con- 
stables for  Soiithold  for  y''  yeere  ensuing,  who  have  the  same 
power  comitted  to  them  w<=>'  was  given  to  y*"  constables  there 
y«  30"!  of  May,  1649. 

Jo.  Holly  of  Stamford,  Barnabas  Horton  of  Southold,  Law- 
rence Ward  of  Brandford,  Jo  Fowler  of  Guilford,  were  chosen 
[155]  by  y'^  court  to  receive  ||  the  customs  &  excise  of  wines 
&  liquoures  in  y*^  seuerall  plantations  wherein  they  live. 

The  Court  ordered  y*^  50i'  sai  shall  be  paid  by  y^  treasurer 
to  the  gouernour  <fe  20''  to  the  deputy  gouerno""  this  yeare 
ensuing. 

It  was  againe  ppounded  in  refference  to  an  order  formerly 
made  for  the  pvideing  of  horses  with  furniture  fitted  for  ser- 
vice, by  y<^  seuerall  plantations  on  y''  maine  vnder  a  penalty 
of  5'',  y^  the  said  fine  might  be  paid  by  such  as  had  beene 
found  vnder  y"  breach  of  y^  order,  vnto  w^'i  some  answere  was 
given  by  them  y*  were  not  then  pvided  w^i*  satisfied  not,  but 
no  issue  was  put  to  it  at  this  time. 

By  way  of  addition  to  y*"  law  of  straies,  it  is  ordered,  that 
what  person  or  psons  soever  wt''in  this  jurisdiction  shall  take 
vp  any  stray  horse  or  mare,  or  any  of  that  kinde  aboue  2  yeare 
old,  (after  excepted,)  he  shall  w^'un  one  moneth  bring  the  said 
stray  vnto  y*"  officer  appointed  in  y'  plantation  for  branding  of 
horses,  who  shall  sett  on  y°  impression  of  y°  towne  brand 
twice  vpon  y^  neare  buttock,  one  aboue  y*"  other.  It  is  fur- 
ther ordered  yt  no  colt  vnder  2  yeare  old  shall  at  all  be  taken 
vp  as  a  stray,  &  y'  such  horses  or  mares  as  fall  w'^in  y^  com- 
pass of  y*"  law  of  strayes  shall  be  but  a  fourth  part  vnto  y« 
finder. 

Jonas  Wood  &  Jonas  Wood,  both  of  Huntington  on  Longe 
Island,  as  agents  for  y^  inhabitants  of  y*^  same,  p''scnted  to  y^ 
court  y^  desires  of  their  towne  to  ioyne  in  combination  w"»  this 
colony,  to  w<^''  purpose  they  presented  a  writeingc  subscribed 
by  three  of  the  inhabitants  thereof,  -{vhercby  it  appeared  y'  the 
said  agents  were  authorized  to  treat  of  &,  to  finish  this  business 
w"'  the  court,  y''  contencc  of  w''  writeing  is  as  followeth, 


1658]  JURISDICTION   OF   NEW   HAVEN.  237 

To  the  honoured  court  of  magistrates  Sf  deputies 
now  sitting  at  Neivhaven. 
May  it  please  this  honoured  court  to  vnderstand  y'  a  motion 
being  made  by  one  of  o""  towne  of  Huntington,  at  y''  court  of 
comissioners  sitting  in  Boston  y*  last  yeare,  that  o''  towne 
might  be  put  vnder  Newhavcn  gouernment,  k  y'  motion 
being  consented  to  by  y  honoured  comissioners  there  pi'sent, 
o""  towne  of  Huntington  aforesd,  in  pursuance  of  their  desires, 
have  thought  good  to  make  their  addresses  to  this  honoured 
court  by  their  deputies,  viz.,  Jonas  Wood  (0)  &  Jonas  "Wood 
(H,)  for  the  obtaining  of  their  proposed  ends,  having  given 
vnto  tliem  full  power  &  authority  to  treat  of  &  finish  this 
Inisiness  w*^'  y^  court  in  their  names,  humbly  desireing  therein 
acceptance  of  vs,  <fc  further  y'  you  will  be  pleased,  (consider- 
ing y"^  remotenes  of  y*^  place,  y''  great  charges  y*  such  infant 
plantations  are  vsed  to  be  attended  with,)  to  condescend  to 
such  moderate  ppositions  we  have  ordered  them  to  comend  to 
y^  court  in  o''  behalf,  in  hopes  whereof  we  rest. 

"Will  .Smith,  Yo'^^  in  all  due  observance, 

Tho:  Benidick, 

W^n  Leuerich,  in  17  of  S'^-SS. 

y*^  name  &  with  y*^ 

consent  of  y^  rest. 

Which  being  read  they  were  desired  to  give  in,  in  writeing, 
what  they  had  to  ppound  in  y^  psuance  of  this  business,  w^^' 
accordingly  they  did  in  5  propositions,  4  of  which  pper  to  y 
case  in  hand,  w^**  were  as  followeth, 

1.  That  y^  towne  of  Huntington  may  have  liberty  to  deter- 
[15G]  mine  all  civill  ||  controuersies  by  such  magistrates  as 
they  shall  chuse  k  y"  honoured  court  may  see  cause  to  con- 
firme,  w^''  power  to  punish  all  criminall  offences,  except  cap- 
itall,  in  all  w^t"  cases  reserving  liberty  of  appeales  to  the  com- 
plainants vpon  sufficient  security  given  to  y'^  magistrates  here 
at  home. 

2'y,  That  they  may  have  a  liberty  to  send  to  y^  gen:  court 
by  way  of  proxys,  vnles  some  vrgent  &  necessary  occasions 
shall  require  deputies,  &  we  liave  timely  &  seasonable  notice 
thereof. 

3'y.  That  we  desire  freedom  fro  ye  charge  of  warr,  vnles 
what  we  shall  occasion  ourselues  by  craveing  assistance  fro 
you  for  o""  pay  against  Indians  or  otherwise. 

4'y.  That  in  refference  to  y'^  great  disbursemt^  we  have 
beene  at  in  purchasing  o"^  plantation  &  lands  at  home  vpon  y^ 
north  side,  as  well  also  for  o""  meadowes  &  land  at  v«  south, 


238  RECOEDS   OF   THE  [1658 

besides  other  great  disbiirsm's  in  other  respects,  we  desire  of 
this  honoured  court  freedom  fro  rates  for  the  space  of  5  yeares. 

Which  propositions  being  considered  by  y®  court  &  de- 
bated w'h  y"  said  agents,  the  court  returned  this  answere, 
that  they  are  willing  to  receive  them  vpon  the  same  tearmes 
as  Southold  &  other  plantations  in  y*"  jurisdiction  were 
admitted,  W^i'  o^  booke  of  lawes  declare,  but  to  vary  from  that 
they  were  not  willing,  only  in  refference  to  y''  fourth  proposition 
they  would  thus  far  condescend,  y'  they  shall  be  freed  from 
payment  of  rates  for  two  yeares,  but  for  any  longer  time  they 
would  not  engage,  but  it  should  remaine  in  y*"  power  of  this 
court  to  determine  as  they  shall  see  cause  when  they  shall  see 
y®  pvidences  of  God  towards  them. 

Vnto  wt=^  answere  of  y°  court,  y°  said  agents  replied,  that 
for  y^  pi'sent  they  saw  not  any  thing  wherein  we  were  like  to 
differ,  except  it  were  in  refference  to  yo"  first  pposition,  w^^ 
they  would  consider  off  &  give  in  their  answere,  but  no  more 
was  done  at  this  time. 

Whereas  there  is  a  cursed  sect  of  heriticks  lately  risen  vp  in 
the  world,  W^^  are  cofhonly  called  Quakers,  who  take  vpon 
them  yt  they  are  imediatly  sent  of  God  &  infallibly  assisted 
by  y''  spirit,  who  yet  speake  &  write  blasphemous  opinions, 
dispise  gouerment  &  y"  order  of  God  in  church  &  comon- 
wealth,  speakeing  evill  of  dignities,  reproaching  &  revileing 
magistrates  &  ministers,  seeking  to  turne  y®  people  from  y" 
faith  &  to  gaine  pselites  to  their  pnitious  wayes ;  this  court 
takeing  into  serious  consideration  y*"  pi'misses,  &  to  pi'vent 
(as  much  as  in  them  lies)  y^  like  mischeife  as  by  their 
meanes  is  wrought  in  o""  native  country,  doe  hereby  order 
&  declare, 

That  whosoeuer  shall  hereafter  bring  or  cause  to  be  brought, 
directly  or  indirectly,  any  knowne  Quaker  or  Quakers,  or  other 
blasphemous  heriticks,  into  this  jurisdiction,  euery  such  pson 
shall  forfeit  the  some  of  50''  to  the  jurisdiction,  except  it 
appeare  y*^  he  wanted  true  knowledg  or  information  of  their 
being  such,  &  in  y^  case  he  hath  liberty  to  cleare  himself  by 
his  oath,  when  sufficient  proof  to  y'^  contrary  is  wanting,  and 
for  default  of  payment  or  satisfying  security,  shall  be  comitted 


1658]  JURISDICTION   OF   NEW    HAVEN.  239 

to  prison,  there  to  remaine  till  y*=  said  some  be  satisfied  to  the 
jurisdiction  treasurer,  and  the  partie  or  parties  so  offending 
[157]  shall  further  give  in  sufficient  security  to  y°  gouerno''  || 
or  any  one  or  more  of  y°  magistrates,  or  to  y''  deputies  or  con- 
stables in  any  plantation  where  there  is  no  magistrate,  to  cary 
them  back  to  the  place  wiience  he  brought  them,  &  vpon  his 
or  their  refusall  soc  to  doe,  he  or  they  shall  be  coniitted  to 
prison,  there  to  continew  till  sufficient  security  be  given  to  y" 
content  of  y^  gouernour  or  any  of  y°  magistrates,  or  other 
authority  in  places  where  there  is  no  magistrate,  as  aforesaid. 

And  it  is  hereby  further  ordered  yt  what  Quaker  or  Quakers 
soever  shall  come  into  this  jurisdiction  from  foreigne  parts  or 
places  adjacent,  if  it  be  about  their  civill  lawfull  occasions  to 
be  quickly  dispatched  among  vs,  w^'J  time  of  stay  shall  be 
limitted  by  y^  civill  authority  in  each  plantation,  &  y'  they 
shall  not  vse  any  meanes,  by  words,  writeings,  books,  or  any 
other  way  goe  about  to  corrupt  or  seduce  others,  nor  reuile  or 
reproach,  or  any  other  way  make  disturbance  or  offend; 
They  shall  vpon  their  first  arivall,  or  comeing  in,  appeare  or 
be  brought  before  y^  authority  of  y^  place,  and  from  them 
have  license  to  pass  about  &  issue  their  lawfull  occasions,  & 
shall  (for  y°  better  p''vention  of  hurt  to  y°  people)  have  one  or 
more  to  attend  vpon  them  at  their  charge  till  such  occasions  of 
theirs  be  dispatched  &  they  returned  out  of  y  jurisdiction, 
w^  if  they  refuse  to  doe,  they  shall  then  be  denied  such  free 
passage  &  comerce,  &  be  caused  to  returne  back  againe;  but 
if  at  this  first  time  they  shall  offend,  in  any  of  y^  wayes  as  is 
before  exprest,  &  contrary  to  y°  intent  of  this  law,  they  shall 
be  comitted  to  prison,  seuerely  whipt,  kept  to  worke,  &  no 
suffered  to  converse  with  them  dureing  their  imprisonment, 
W^'i  shall  be  no  longer  then  necessity  requires,  &  at  their 
owne  charge  sent  out  of  y^  jurisdiction. 

And  if  after  they  have  once  suffered  y°  law  as  before  &  shall 
p'sume  to  come  into  this  jurisdiction  againe,  euery  such  male 
Quaker  shall  for  yt  seacond  offence  be  branded  o  ye  hand  w''' 
ye  letter  H,  be  comitted  to  prison  &  kept  to  worke  till  he  can 
be  sent  away  at  his  owne  charge ;  and  for  a  third  offence  shall 
be  branded  on  y^  other  hand,  comitted  to  prison  &  kept  to 


240  RECOBDS    OF   THE  [1658 

workc  as  aforesc! ;  and  euery  woman  Quaker  yt  hath  suffered 
y^  law  here,  &  shall  pfsume  to  come  into  this  jurisdictio 
againe,  shall  be  seuerely  whipt,  comitted  to  prison  &  kept  to 
worke  till  she  can  be  sent  away  at  her  owne  charge,  &  so  also 
for  her  comeing  againe  she  shall  be  alike  vsed  as  aforesd ;  & 
for  euery  Quaker,  he  or  shoe,  yt  shall  a  fourth  time  herein 
againe  otfend,  they  shall  have  their  tongues  boared  through 
w'f'  a  hott  iron,  comitted  to  prison,  &  kept  at  worke  till  they 
be  sent  away  at  their  owne  charge ;  and  all  &  euery  Quaker 
arising  from  among  o''selues,  shall  be  dealt  w'^'^  &  suffer  j^ 
like  punishment  as  y^  law  prides  against  foreigne  Quakers. 

And  it  is  further  ordered  that  if  any  pson  shall  knowingly 
bring  into  this  jurisdiction  any  Quakers  bookes,  papers  or 
writeings  concerning  their  divellish  oppinions,  shall  pay  for 
euery  such  booke  or  writeing,  being  legally  proued  against 
him  or  them,  y^  some  of  5i' ;  &  whosoeuer  shall  dispere  or 
conceale  any  such  booke,  pap  or  writeing,  &  shall  not  imedi- 
ately  deliver  in  y^  same  to  y '  magistrate  in  ye  place,  or  to  y° 
deputies  or  constables  where  there  is  no  magistrate,  &  it  be 
after  found  with  him  or  her,  or  in  his  or  licr  house,  or  other- 
wise fully  proued  j^  they  had  such  booke  or  writeing  in  their 
custody,  shall  pay  5^'  for  y^  dispsing  or  concealing  of  euery 
such  booke  or  writeing ;  and  when  any  such  bookes  or  write- 
[158]  ings  are  brought  ||  or  come  into  y^  hands  of  any  of  y^ 
magistrates,  deputies  or  constables  in  any  plantation,  they  shall 
-yyth  ye  advlcc  &  approbatlou  of  the  minister  of  the  place,  keepe 
them  in  safe  custody,  that  non  may  come  to  see  &  read  them 
&  soe  receive  hurt  by  them,  w^^h  this  court  leaves  to  their  dis- 
cretion to  order,  and  being  so  kept  they  shall  be  brought  to 
Newhaven  &  pi'sented  to  y^  next  generall  court,  vnles  they 
shall  see  cause  to  send  them  before,  or  yt  ye  gouerno'"  &  magis- 
trates shall  call  for  them  vpon  any  occasion  yt  may  concerne 
ye  jurisdiction. 

And  if  any  pson  or  psons  in  this  jurisdiction  shall  henceforth 
entertaine  &  conceale  any  such  Qimker  or  Quakers,  or  other 
blasphemous  heriticks,  (knowing  them  soe  to  be,)  euery  such 
pson  shall  forfeit  to  y^  jurisdiction  20^  for  euery  houres 
entertainemt  &  concealem'  of  anyQuaker  or  Quakers,  <fec.,  as 


1658]  JURISDICTION   OP   NEW    HAVEN.  241 

afforesaid,  &  shall  be  comittcd  to  prison  till  y^  forfeiture  be 
fully  paid  or  satisfying  security  given  for  ye  same. 

And  it  is  by  this  court  further  ordered,  that  if  any  pson 
w'^iii  this  colony  shall  take  vpon  them  to  defend  y^  hereticall 
oppinions  of  y''  said  Quakers,  or  any  of  the  said  bookes  or 
papers  aforesd,  ex  animo,  or  so  as  may  corrupt  y^  mindes  of 
y  weake  hearers,  (if  legally  proued,)  shall  be  fined  for  y^ 
first  time  40*.  If  they  shall  psist  in  the  same,  &  shall  so 
againe  defend  it  y^  second  time  4' ' .  If  still  notwithstanding, 
they  shall  againe  so  defend  &  maintaine  y«  sd  Quakers  heret- 
icall oppinions,  they  shall  be  coinitted  to  prison,  their  to 
remaine  till  there  be  convenient  passage  for  them  to  be  sent 
away,  being  sentenced  by  y-'  court  of  magistrates  to  banish- 
ment. 

Lastly  it  is  hereby  ordered,  that  what  pson  or  psons  soever 
shall  revile  y<^  office  or  pson  of  magistrates  or  ministers,  as  it 
is  vsuall  w*^!'  y'^  Quakers,  such  pson  or  psons  shall  be  seuerely 
whipt,  or  pay  ye  some  of  5''. 

It  is  ordered  that  a  rate  of  one  hundred  pounds  shall  be 
leuied  from  the  scuerall  plantations  w^'in  this  jurisdiction  in 
equall  pportions  according  to  their  estates,  w^^  is  to  be  paid 
at  the  same  times  &  in  the  same  pay  at  the  same  prizes  as  was 
ordered  the  last  yeare.  The  proportions  of  euery  towne  is  as 
folio  weth. 


Newhaven 

,  371 

■10^ 

07'' 

Milford, 

22 

04 

08 

Guilford, 

13 

12 

06 

Stamford, 

11 

02 

09 

Branford, 

07 

11 

10 

Southold, 

07 

17 

08 

100 

00 

00 

31 


242  records  of  the  [1658 

[159]    At  a   Court   of   Magistrates   held   at   Newhaven 
FOR  THE  Jurisdiction,  the  31"i  of  Mat,  1658. 

There  ivas  p'^sent, 
M"".  Francis  Newman,  Goue^no^ 
M^  Will  Leet,  Deputy  Goue^no^ 
M^  Mathew  Gilbert,    ) 

Mr.  Benjamine  Fenn,     Magistrates.  ^^^^  SSwSSd  Ma? 
M^  Jasper  Crane,       )  y'2s. 

Richard  Crabb  of  Greenwich  &  his  wife  beinge  bound  ouer 
to  y®  court,  he  made  his  appearance,  who  was  told  that  his 
wife  was  also  appoynted  to  be  here  as  well  as  himself,  to  W'' 
he  answered  y*  she  was  not  able  to  come.  It  was  declared  to 
him  yt  he  was  now  called  to  answere  for  seuerall  miscarriages 
by  many  clamarous  and  reproachfull  speeches  against  the 
ministry,  gouerment  &  officers,  neglecting  of  meetings  for 
sanctification  of  the  Saboth,  by  himself  or  his  wife  comitted, 
for  whose  miscarriages,  (he  countenancing  lier  in  it,)  he  must 
stand  accountable  to  y«  court,  the  pticulers  whereof  the  testi- 
monies given  in  will  more  fully  declare. 

And  first  the  testimony  of  Willm  Oliver,  given  in  vpon  oath 
the  first  of  Decembi",  1657,  was  read,  who  saith,  yt  he  came  to 
goodman  Crabbs  house  w^''  y^  rest  to  demand  the  Quakers 
bookes,  &  the  goodwife  Crabb  went  into  y^  other  roome  & 
made  lierself  fast  by  shutting  the  doore,  &  Rich:  Crabb  vsed 
meanes  to  have  y^  doore  opened  againe  &  so  it  was,  &  when 
she  came  she  said,  Is  this  your  fasting  &  praying,  to  come  & 
robb  vs  &  robb  mens  houses ;  then  she  held  vp  her  hands  & 
said.  The  vengance  of  God  hangs  ouer  your  heads  at  Stamford 
for  takeing  away  o^"  land  w^'iout  comission,  &  wronging  of 
them ;  &  then  she  fell  a  railing  o  the  ministers  &  said  they 
were  preists  &  preached  for  hire,  &  called  them  Baalls  preists, 
&  she  would  not  heare  them,  &  said  we  was  shedders  of  bloud, 
yfi  bloud  of  the  s^-'  of  God;  also  she  told  goodman  Bell,  he  was 
a  traitor  &  a  liar  &  a  villan,  and  his  posterity  would  suffer  for 
his  iniquity,  &  goodmii  Bell  said,  lio,  they  should  not  suffer 
for  his,  &  goodwife  Crabb  said  they  should,  &  goodman  Bell 
said  ho  hoped  she  was  not  a  witch,  &  then  she  told  him  he  was 


1658]  JURISDICTION    OF   NEW   HAVEN.  243 

a  rogue,  or  a  rascall,  one  of  them ;  then  she  fell  vpon  the  officer, 
Jo.  Waterbury,  &  said  he  was  a  traito"",  also  she  railed  vpon 
the  marshall  w^'i  bitter  words,  &c.,&  then  vpon  others,  etc. 

Also  the  testimony  of  Jonathan  Renalls,  taken  vpon  oath  y^ 
IS^'i  of  May,  1658,  was  read,  who  affirmeth  that  goodwife  Crabb 
did  give  very  bad  language  to  goodman  Bell,  &  goodman  Bell 
sd,  Woman,  I  thought  your  religeon  had  beene  thee  &  thou, 
&  goodman  Crabb  said.  Why  her  religeon  is  as  good  as  yours. 

Lastly  the  testimony  of  George  Slawson,  given  in  vpon  oath 
ye  24ih  of  May,  1658,  who  saith  y'  going  to  Greenwich  w'^ 
Daniell  Scofeild,  marshall,  to  take  Tho:  Marshall,  we  came 
into  Richard  Crabbs  house,  &  there  we  found  Thomas  Mar- 
[160]  shall,  and  then  y^  marshall  ||  seized  vpon  him,  then 
goodman  Crabb  desired  to  see  y^  warrant,  &  when  he  had 
scene  it  he  questioned  y^  extent  of  it,  whether  or  no  y^  sd 
marshall  might  not  stay  vntill  y*"  morning ;  I  told  him  no,  then 
security  was  oifered,  then  I  told  him  in  such  cases  I  should 
refuse,  then  goodwife  Crabb  fell  a  railing  vpon  mee,  &  said  y' 
we  had  stolne  away  Greenwich  &  wee  had  no  commission, 
relateing  it  seuerall  times  ouer  with  many  retorting  speeches ; 
then  I  said,  Goodwife  Crabb,  I  should  be  glad  to  see  you  at 
Stamford  meeting,  shee  answered  &  said  y'  she  would  neuer 
come  while  she  lived,  then  after  some  discourse  I  said.  Well  I 
should  be  glad  to  see  you  at  Stamford  meeting  to  heare,  then 
shee  answered  &  said.  What  shall  I  come  to  heare,  to  cast 
away  my  soule  to  the  divell,  or  to  this  purpose;  goodman 
Crabb,  hearing  of  her,  did  not  so  much  as  rebuke  her,  but 
rather  countenancing  her  therein  &  questioning  of  vs  what 
ground  we  had  to  do  as  we  did,  &  countenancing  Tho:  Mar- 
shall so  far  as  he  durst. 

The  Gouernoi"  told  him  y'  these  are  notorious  things  w*^'' 
are  testified,  &  must  not  be  suffered.  Richard  Crabb  replied 
so  they  are,  but  he  could  not  reclaime  her.  But  Francis  Bell 
affirmed  y'  hee  seemed  to  countenance  her  in  it  &  vsed  noe 
meanes  to  reclaime  her,  although  she  continued  in  those  rail- 
ing speeches  almost  a  houre  together,  she  calling  for  drinke  to 
refresh  her,  w^^^  he  aprehended  she  did  to  strengthen  her  to 
goe  on  in  those  wicked  speeches,  w^h  was  dreadfull  to  heare. 


244  RECOBDS    OF    THE  [1658 

lifting  vp  her  hands  towards  heaven  &  saying,  Holy  Father 
power  out  thy  vengance  vpon  them,  &  j^  like,  vntill  she  hegan 
to  speake  against  authority,  then  indeed  he  vsed  meanes  to 
quiet  her,  who  told  her  she  would  hurt  herself,  w^''  he 
api'hended  he  spake  in  refference  to  her  health.  Francis  Bell 
further  declared,  yt  M^.  Bishopp  was  much  discouraged  by 
Rich:  Crabb,  &  he  doubts  not  but  many  others  also,  by  his 
villifying  the  ordinances  &  ministers.  Richard  Crabb  was 
further  told  y*  he  hath  bcene  a  harbourer  of  Quakers,  &  y^  he 
hath  kept  Quakers  bookes  in  his  house,  to  w^!'  Rich.  Crabb 
replied,  indeed  Marshall  was  there,  li)ut  he  did  not  accoimt 
him  a  Quaker,  nor  anything  els  but  a  wethercocke.  The 
gouernour  demanded  of  him  whether  he  owned  the  Lords  day 
to  be  yc  Christian  Sabath,  to  be  sanctified  by  virtue  of  y  4^^ 
comandement,  to  wd'  Rich.  Crabb  answered  he  did  ownc  it;  it 
was  told  him  he  hath  spoken  y^  w<^''  held  out  the  contrary,  to 
w°''  he  said,  y*  it  was  one  thing  to  speake  in  way  of  discourse, 
and  another  to  speake  positively ;  but  Rich:  Law  testified  y^ 
Francis  Bell  &  he  have  had  discourse  w'  'i  him  concerning  the 
Sabbath  &  he  hath  propounded  such  questions  concerning  the 
Sabbath  y*  they  did  ap^hend  his  judgm^  was  against  y^  moraUity 
of  it. 

It  was  propounded  to  him  if  he  would  give  in  security  for 
his  quiet  &  Clu-istian  carriage  in  y«  place  for  the  time  to  come, 
&  y^  hee  would  testify  his  esteeme  of  y^  ordinances  by  his 
attendance  on  them,  &  to  y^  ministers  by  shewing  that  respect 
y*^  is  dew  to  them;  to  w^h  hee  answered  y"^  he  did  not  api'hend 
y*  safe  for  him  to  doe,  haveing  soe  many  eyes  vpon  him,  but 
[161]  it  was  his  resolution  to  walke  inoffensively  ||  for  the 
time  he  shall  stay  there,  but  he  intended  to  remoue ;  to  w<^h  y*^ 
court  replied  y'  they  feared  yi  a  remoue  was  easier  to  him  then 
a  reformation,  but  he  must  expect  y'  Greenwich  will  be  no 
place  for  him  vnles  he  do  reforme.  The  Gouernour  told 
Rich.  Crabb  y'  ye  court  did  looke  vpon  his  miscarriages  as  very 
great,  therefore  they  would  take  time  to  consider  of  it,  &  y^ 
ye  sentence  should  be  declared  o  the  morrow  morning. 

The  next  day  Rich.  Crabb  being  againe  called,  ye  gouernour 
told  him  yt  yesterday  he  heard  ye  evidences  read  w^h  were 


1658]  JURISDICTION    OF   NEW    HAVEN.  245 

given  ill  against  him  for  notorious  miscarriages,  w^''  evidences 
were  now  againe  reade,  to  w^''  Rich.  Crabb  answered,  however 
those  writeings  p^sent  him  to  the  court,  yet  he  knew  his  owne 
cinserity  &  y'  he  did  beleeve  y'  God  would  not  impute  those 
things  vnto  him;  bee  also  told  him  y^  if  this  be  rcligeon  it  is 
strange  rcligeon. 

The  Gouernour  told  him  y'  he  had  heard  of  a  discourse  with 
two  men  y'  came  fro  y*"  Bay,  first  he  asked  them  whence  they 
came,  they  said  from  Concord,  to  w''  he  replied  y'  was  a  beg- 
gerly  place,  they  said  it  was  a  good  place,  he  replied  y'  y^ 
preist  &  y®  people  y'  came  thence  were  almost  starved,  the 
men  replied  they  had  no  preist,  to  w''  he  answered,  1  see 
you  are  in  darknes  as  all  the  country  is. 

Also  a  discourse  w'''  a  woman  of  Norwalke,  first  he  asked 
her  when  shee  would  be  pfect,  she  answered  when  she  should 
come  to  heaven,  he  told  her  y'  she  might  be  pfect  here;  y^ 
court  told  him  y'  herein  he  spake  like  a  Quaker,  &  yt  he  so 
carried  it  as  if  he  would  take  all  opportunities  to  corrupt 
others  w*''  who  he  converst;  to  w-i'  Cra[bb]  answered  y*^  it  Avas 
spoken  only  by  way  of  discourse. 

The  Gouerno''  propounded  y'  if  any  one  had  yet  ought  to 
say  in  y''  case  they  might  now  speake,  vpon  w^''  Francis  Bell 
desired  y*^  y*-'  pticuler  wronge  done  to  him,  l)eing  sent  by 
authority,  might  be  considered,  being  charged  for  a  traito"",  a 
liar,  a  villan,  a  rogue  or  rascall,  which,  sd  he,  if  I  were  guilty 
off,  I  were  worthy  to  die,  to  w^''  Crab  re  [plied]  did  he  say  so; 
he  was  told  y'  if  his  wife  speake  such  words  &  [he]  counten- 
ance her  in  it,  he  must  answere  it.  It  was  propounded  to 
Francis  Bell  whether  he  spake  this  [ns]  expecting  iustice  in 
refferrence  to  himself,  or  as  a  crime  [to  bel  generally  wit- 
nessed against  in  him  as  against  an  evill  doer,  to  [w<^i']  he 
answered  that  he  iieuer  had  a  action  against  any  man,  and 
shall  be  content  in  this  case,  if  they  shall  see  &  acknowledge 
[their]  evill  in  these  miscarriages,  to  receive  satisfaction . 

Francis  Bell  further  declared  yt  it  was  y®  desire  of  their 
freemen  y'^  y°  court  would  take  some  course  y'  their  peace 
may  be  p'served,  ordinances  promoted,  minister  encouraged 
by  suppressing  of  such  whose  actions  &  speeches  tend  y°  con- 


246  RECORDS    OF    THE  [1658 

traiy  way,  for  if  Quakers  may  be  entertained,  their  bookes  laid 
open  &  read,  &  questions  raised  concerning  the  truthes  of 
God,  what  do  you  thinke  of  this,  &  what  do  you  say  to  y',  etc. 
they  know  not  to  what  ill  pass  things  will  come  to  in  a  short 
time. 

M^.  Bishopp  also,  the  pastour  to  the  church  at  Stamford, 
informed  y'  tiiere  was  a  leaven  spread  araonge  y"  young  people 
[162]  of  Stamford  ||  concerning  the  Sabbath  &  concerning  the 
written  word  of  God,  w^h^  said  he  to  Richard  Crabb,  how  far  you 
are  guilty  of,  you  have  cause  to  consider,  Ijut  you  must  know 
y^  you  have  given  occasion  of  suspition  j^  it  proceeds  from 
you,  their  being  a  maid  detained  by  you  to  the  greife  of  her 
parents,  who  is  corrupted,  &  there  is  great  groimd  of  suspition 
through  your  meanes,  Vf"^  tilings  M^  Bishopp  declared  were 
so  great  a  discouragment  to  him  y^  he  could  not  continue  at 
Stamford  except  some  course  be  taken  to  remoue  &  reforme 
these  greivances. 

Richard  Crabb  desired  to  speake  concerning  his  wife,  not 
(as  he  said)  that  he  would  iustify  her  in  any  evill,  but  to 
acquaint  the  court  wt'>  some  things  concerning  her.  The 
woman  (said  he)  was  a  well  bred  woman  in  England,  a  zealous 
pfessour  from  her  childhood,  almost  beyond  example,  but 
when  she  is  suddenly  surprized,  she  hath  not  power  to 
restraine  her  passions.  To  W^  y^^  gouerno''  replied  that  what 
lie  had  saied  did  greatly  aggravate  her  miscarriages,  for  if  she 
have  beene  a  great  professour  it  Avas  certaine  she  had  beene  an 
ill  practiser,  in  w'h  you  have  countenanced  her  &  borne  her 
vp,  w^^  may  be  accounted  yours,  as  haveing  falne  into  evills 
of  the  like  nature  yourself,  revileing  M^  Bishopp  as  a  preist  of 
Baall,  &  y''  members  as  liars,  &  y^  M^.  Bishopp  preached  for 
filthy  lucre,  W^^  was  not  spoken  in  refference  to  y*"  sentence. 

But  to  shew  what  a  pson  Rich:  Crabb  was,  &  what  actions 
hee  did,  &  therefore  might  not  be  thought  to  be  so  inocent  as 
he  would  pretend,  he  was  called  vpon  by  the  court  to  consider 
his  way,  how  y'  after  a  great  pfession  made,  he  had  now  been 
for  a  longe  time  a  neglecter  of  y*'  ordinances,  a  reproacher  of 
y  ministry,  &  his  wife  also,  whom  he  hath  not  reproued,  that 
their  case  seemes  scarce  to  be  parraleld  in  these  times,  that  he 


1658]  JURISDICTION   OF   NEW   HAVEN.  247 

haveiiighad  such  light,  &  his  wife  such  a  one  as  he  described 
her  to  bee,  should  fall  into  such  abhominable  courses,  to  raile 
vpon  ministers,  calling  them  Baalls  preists,  &c.,  and  the  people 
of  God,  calling  them  traitors,  liars,  villans,  etc.,  neglecting  of 
the  ordinances  &  Sabbaths.  It  was  told  him  yt  eucry  ordinary 
eye  might  see  markes  of  apostacy  on  them,  W''  he  was  seriously 
called  ypon  to  consider  off. 

Francis  Bell  told  liim  that  he  had  formerly  a  good  esteeme 
of  him,  but  now  he  feares  his  parts  are  turned  against  y^ 
churches  of  Christ. 

It  being  propounded  to  Rich:  Crabb  wliether  he  had  any 
thing  more  to  say,  he  said,  the  Lord  help  him,  but  further 
said  not. 

The  Court  haveing  considered  their  miscarriages,  W''  they 
looked  vpon  as  very  greivous  &  of  a  high  nature,  by  way  of 
sentence  declared,  that  Richard  Crabl)  pay  as  a  fine  to  y 
jurisdiction  30^',  &  y'  he  enter  an  engagement  of  a  lOO^'  stand- 
ing security  for  his  good  behaviour;  furthermore  y'  he  make  a 
publique  acknowledgm^  at  Stamford,  to  the  satisfaction  of 
Francis  Bell  &  those  other  w^'^  i^e  hath  wronged,  w''  if  he  do 
not,  he  is  to  pay  to 

[The  Record  remains  thns  incomplete.] 

[163]  Ensigne  Brian  in  the  behalf  of  M^  Edmund  Downes  of 
Pyall,  m'"chant,  entred  an  action  of  600''  damage,  for  a  shipp 
&  goods  cast  away  on  y'^  south  side  of  Longe  Island,  seazed 
by  the  towne  of  Huntington.  Jonas  Wood  &  Jonas  Wood 
appeared  in  the  behalf  of  y^  sd  towne  to  answere  the  sute. 
Sundry  depositions  on  both  sides  being  p''sented  &  read  w"' 
seuerall  pleas  made  both  by  plant',  and  defend',  the  planteife, 
findeing  the  defendts  pleading  tlieir  title  to  y'^  said  shipp  & 
goods  by  vertue  of  an  agreement  made  w^i'  y*"  m""  of  the  shipp 
&  not  as  a  wreck,  (as  he  expected,)  withdrew  his  action, 
which  being  done,  the  defendants  propounded  to  the  court  yt 
the  charges  w^'i  they  had  been  at  in  their  coming  ouer  & 
attendance  to  answere  y*"  action  might  be  allowed  them  by  the 
planteife;  to  w'='»  y*^  planteife  answered  that  they  had,  as  he 


248  RECORDS   OP   THE  [1658 

conceived  aboundant  matter  in  their  hands  ah-eady  for  their 
recompense,  to  w^''  y^  defend'ts  replied  they  could  not  let  it 
fall  vpon  y'  account  having  no  such  order  from  y'  towne ;  vpon 
w^''  y''  planteife  propounded  that  if  when  they  come  liome  <fe 
propounding  it  to  y"  towne  they  finde  them  vnsatisfied,  let 
them  give  in  their  account,  <fe  what  is  determined  liy  y*"  sen- 
tence of  this  court  lie  shall  attend  y-'  payment  of  it  at  Milford 
when  it  shall  l)e  demanded,  w*^''  was  consented  to  by  the 
defendants. 

Jame^  Mills  plan f .  )  John  Cowper  being  admitted  attorney 
Jo  Tompson,  defendt.  \  for  the  planteife  entered  an  action  of 
defamation  in  high  degree,  charging  the  planteife  w^^  stealing 
2  barrells  of  beife,  &  for  a  notorious  liar;  y^  case  he  declared 
to  be  thus,  John  Tompson  coming  from  Milford,  came  to  M^. 
Mills  &,  told  him  y*^  he  had  order  from  Ensigne  Bryan  to 
deliver  him  2  barr  of  beife,  M'".  Mills  asked  the  price,  John 
Tompson  said  3'i  a  barr,  M^.  Mills  said  he  would  not  give  it, 
to  w^''  John  Tompson  replied  he  had  order  to  deliver  it  at  55^3 
a  barrell  &  y'  was  y^  price;  about  2  dayes  after  M''.  Mills 
desired  to  know  where  y^  beife  was,  he  answered  it  was  in  y« 
warehouse,  w'^^'all  he  appoynted  him  a  time  when  he  should 
see  it;  accordingly  he  went  &  saw  y  beife,  one  barr  was 
opened  w^''  he  looked  vpon,  approued  of  it,  y"  question  was 
asked  w'^'^  was  the  other  barr.  John  Tompson  answered,  their 
it  stood,  he  asked  him  if  he  would  have  it  opened.  M^.  Mills 
sd  no,  he  would  take  it  vpon  his  word,  if  it  were  as  good  as  y' 
w'l  was  opened.  John  Tompson  said  it  was  for  ought  he 
knew,  he  further  told  him  if  he  would  fetch  it  away  he  must 
goe  to  Daniell  Hopper  who  had  the  charge  of  y^  warehouse  to 
take  notice  what  is  taken  out,  accordingly  M^  Mills  did,  but 
Daniell  Hopper  told  him  he  could  not  go  downe  but  he  might 
goe  &  take  it.  You  know,  snid  he,  where  y^  key  of  the  ware- 
house is,  if  you  know  which  to  take,  &,  y'  he  did  because  both 
were  concined  to  him;  some  few  dayes  after,  John  Tompson 
came  to  enquire  after  this  beife  &  he  supposed  y^  manner  of 
his  enquiry  some  could  speake  to,  ISiit  the  issue  was  he  went 
to  Mr.  Newman,  o^  magistrate  y'  then  was,  he  charged  him  to 
be  a  notorious  liar,  both  before  he  went  &  there,  &  w^h  theft, 


1658]  JURISDICTION   OP  NEW   HAVEN.  249 

y'  he  had  stohie  from  him  to  barrells  of  beife;  this  is  the 
[164]  breife,  he  desired  that  ||  any  debate  betweene  them 
before  this  time  may  be  vnder stood  as  not  propper  to  the  case. 

The  defendant  answered  that  he  was  here  charged  w^^  ^n 
action  of  defamation  in  liigh  degree,  he  desired  to  relate  y« 
case  as  it  was  betweene  M^.  Mills  &,  himself,  but  he,  falling 
into  discourse  of  something  y^  past  them  in  winter,  was  told 
y'  what  he  spake  was  not  to  the  case,  but  was  desired  to 
speake  to  y^  busines  in  question,  whether  he  had  charged  M^. 
Mills  w'^'i  stealing  2  barr  of  beife,  to  w"^^  he  answered  he  had 
so  charged  him;  he  desired  further  to  speake  in  y^  case,  W^ 
he  related  to  stand  thus,  M^  Bryan  ordered  mee  (said  he)  to 
pay  to  Mr.  Mills  4"'  16^  9^,  ^ff^^  I  acquainted  M"".  Mills  with  & 
pfFered  to  deliver  him  2  barr  of  beife  if  hee  would  pay  me  y^ 
rest,  but  at  that  time  we  agreed  not,  afterwards  coming  by 
M^.  Atwaters  warehouse  I  found  my  beife  was  gon,  at  w^^'  I 
was  much  troubled,  but  M^.  Mills  shewed  an  order  from 
Ensigne  Bryan  to  receive  of  John  Tompson  2  barr  of  beife, 
what  they  came  to  more  then  4'^  16.  9'^  it  was  in  M^.  Mills  his 
liberty  to  pay  either  to  John  Tompson  or  Ensigne  Bryan. 

The  Gouernour  declared  that  he  had  heard  much  of  this 
case  privately,  &  had  told  John  Tompson  y*^  what  he  said 
would  amount  to  nothing. 

The  testimony  of  John  Downe,  taken  vpon  oath  ye  12*^11  of 
y*"  2*1  moneth  1658,  was  read,  who  affirmed  that  he  heard  John 
Tompson  say  y*^  he  did  give  M''.  Mills  leave  to  open  y*"  other 
barr  of  beife,  M^  Mills  replied  y'  he  will  not  open  it  but  will 
take  it  vpon  his  word,  because  he  said  it  was  all  one  beife, 
John  Tompson  told  him,  when  he  desired  to  take  it  out  he 
should  goe  to  Daniell  Hopper  &  he  would  deliver  it,  for  he 
had  the  charge  of  y®  warehouse.  It  being  demanded  of  Jo 
Downe  whether  he  heard  of  noe  condition  mentioned  to  M"". 
Mills  when  he  had  order  to  receive  the  beife,  he  answered  he 
heard  no. 

John  Tompson  denied  that  he  gave  any  order  to  M^.  Mills 
to   goe  to   Daniell  Hopper  for  the  beife,  but  John  Cowper 
affirmed  that  he  had  formerly  acknowledged  it,  the  gouernour 
also  said  that  he  had  acknowledged  that  before  him. 
32 


250  RECORDS   OF   THE  [1658 

The  Court  having  heard  the  case,  propounded  to  y^  plan- 
teife  what  damages  he  expected  from  John  Tompson  for  the 
wronge  he  had  done  him,  to  W='>  he  answered  that  y^  charge 
was  in  itself  of  a  high  nature,  &  in  respect  to  y''  place  wherein 
God  had  set  him,  it  was  greatly  pi-judiciall  to  him,  for  if  he  be 
a  theife,  who  will  put  anything  into  his  hand,  besides  y^  hin- 
derance  of  him  in  his  occasions  with  his  boat,  so  y*^  he  looked 
o  himself  wronged  a  100''. 

The  Court  haveing  heard  &  considered  y*^  case,  by  way  of 
sentence  declared,  that  in  refference  to  the  p^misses,  y*  John 
Tompson  pay  to  M^  Mills  20''  for  y^  wrong  done  to  him  in  his 
name,  &  S''  in  refference  to  damage  sustained  in  his  occasions 
with  his  boat;  the  court  further  told  John  Tompson  that  his 
stiffnes  which  had  appeared  at  this  time  had  hurt  him,  & 
would  hurt  him  if  hee  goe  on  in  it. 

Tho.  Wheadon,  planteife,  I  Tho.  Wheadon  declared  to  y^  court 
Jo/m  Meig-s,  defendt.  )  y"^  hee  conceived  yt  he  had  received 

wronge  from  goodman  Meiggs.  For  to  make  it  appeare,  he 
p^sented  an  indenture  to  y"  consideration  of  y*"  court,  w<='' 
[165]  being  read  ||  John  Meiggs  desired  to  know  wherein  lay 
the  wronge,  w«=''  part  of  the  couenant  was  not  pformed;  to 
well  Tho:  Wheadon  answered, in  yt  he  was  not  taught  the  trade 
of  a  currier.  Willm  Potter  in  y®  behalf  of  Thomas  Wheadon 
declared  y*^  he  conceived  y^  man  had  great  wronge  in  yt  he 
was  not  taught  y*^  trade.  The  gouernor  demanded  of  Jo. 
Meiggs  what  he  had  to  say  why  Tho.  Wheadon  was  not  taught 
ye  trade  according  to  ye  couen* ;  to  w^h  he  ye  sd  Jo  Meiggs 
answered,  y*^  he  was  to  serve  him  7  yeares  fro  y®  time  he  came 
ashore,  &  y'  when  they  were  in  y^  shipp  he  did  voluntarily 
engage  to  teach  him  y®  trade ;  afterwards,  when  he  came  to  New 
Engi,  M"".  Gilbert  desired  one  of  his  servants,  at  last  he  came 
to  this,  y*^  if  Tho  Wheadon  were  willing,  he  should  have  him 
for  5  yeares,  vnto  w^^i  Thomas  Wheadon  consented.  Now 
two  things  he  had  to  say,  first  y'  the  engagem*  to  teach  him 
y^  trade  was  on  his  part  voluntary,  &  y^  5  yeares  to  M^^  Gilbert 
was  by  his  owne  consent.  The  def^idt  p''sented  an  indenture 
whereby  y*^  said  Tho:  Wheadon  stood  bound  vnto  a  m''  in  Eng- 
land, w'^'^  he  affirmed  was  delivered  him  by  his  said  m»",  &  his 


1658]  JUEISDICTION   OP  NEW  HAVEN.  251 

whole  time  was  assigned  vnto  liim,  w^^  Tho  Wheadon  denied 
&  said  yt  one  Jo  Rabbins  who  then  came  oner  could  take  his 
oath  yt  he  himself  had  y*  indenture  in  his  keeping  in  the  shipp, 
who  being  asleepe  in  y®  boat,  the  m""  of  y*"  shipp  tooke  this 
indenture  out  of  his  pockett  &  kept  it  2  or  3  dayes,  &  after- 
wards calling  him  into  y°  great  cabbin  y°  master  &  mate  reade 
it.  John  Meiggs  was  told  that  if  this  be  true,  then  yt  w^i'  he 
said  was  not,  &  y'  it  was  irrationall  y'  he  should  have  an 
indenture  fro  his  m.'^  in  England  without  a  assignement;  to 
w^h  Jo  Meiggs  answered  y*  he  conceived  y'  he  had  y^  inden- 
ture of  his  mf,  w^h  ye  court  takeing  notice  off,  minded  him  of 
his  too  much  confidence,  first  in  saying  positively  y*  he  had  ye 
indenture  of  his  m"",  &  now  y*  he  only  conceiv'd  so. 

Tho  Wheadon  produced  y®  testimony  of  Jo  Rabbins  as  fol- 
loweth. 

That  John  Meiggs  bound  Tho  Wheadon,  when  he  was  at 
sea  from  his  freinds,  to  be  his  servant  7  yeares,  pmising  to 
teach  him  y*"  trade  of  a  currier  or  cause  him  to  be  taught  so  y* 
he  might  be  a  pfect  workeman  in  his  trade,  yet  Tho  Wheadon 
being  much  troubled  &  not  willing  to  serve  so  longe  nor  yet 
willing  to  set  his  hand  to  y"  indenture  for  any  longer  time 
then  5  yeares  &  gave  this  reaso  in  these  words,  Why  should  I 
be  bound  for  7  yeares  &  Jo  Rabbins  but  lor  4,  &  wept  very 
much;  his  m""  answered  him  hastily  in  these  words.  Thou 
foole  you,  thou  wilt  have  a  better  trade  then  Jo  Rabbins,  thou 
maist  get  10^^  in  a  day.  This  I  shall  testify  vpon  oath  if  a 
require. 

I,  John  Rabins. 

Which  being  read,  y''  court  told  him  yt  this  had  a  shew  of 
circomvention  of  Tho:  Wheadon.  It  was  demanded  y""  reason 
of  y*^  3  yeares  disproportion  in  time  betweene  Rabbins  & 
Wheadon,  to  w^h  Jo  Meiggs  answered,  1.  Jo  Rabbins  had  a 
trade  before,  2.  Wheadon  voluntaryly  engaged  5  yeares  to 
Mr.  Gilbert,  &  if  any  question  be  about  his  earning  10^  a  day, 
he  himself  had  curried  3  hides  in  a  day.  Christopher  Todd 
[166]  propounded  to  y  ||  court  y*^  he  conceived  yt  this  was 
worthy  of  consideration  what  Jo  Meiggs  had  said  y*  he  could 
earne  10^  a  day;  y^  court  told  him  y*  this  looked  too  like 
flapp  them  on,  w^^  was  an  offensive  passage  in  John  Meiggs 
formerly  witnessed  against  by  y®  court. 


252  RECOEDS  OF  THE  [1658 

John  Meiggs  further  sd  y*^  he  conceived  yt  had  y^  whole  7 
yeares  beene  to  M^  Gilbert  by  his  consent,  he  had  done  him 
no  wrong;  to  w^^  y®  gouerno"^  replied  yt  Wheadon  was  not  of 
capacity  to  dispose  of  himself,  &  that  John  Meiggs  should  not 
have  supplied  his  engagemts  to  M^  Gilbert  liy  makeing  new 
aggreements  w^^  such  a  one  as  Wheadon  was,  though  by  argu- 
ments he  gaine  his  consent. 

John  Meiggs  further  pleaded  that  there  were  yet  2  yeares 
to  come,  in  W^  he  intended  to  teach  him  y"  trade,  &  he  would 
vndertake  in  two  moneths  to  teach  a  man  y^  essence  of  curry- 
ing. It  was  told  him  y'  its  knowne  y*  there  is  so  much  mis- 
tery  in  y®  trade  y*  some  after  longer  time  then  2  yeares  have 
beene  found  altogether  insufficient.  A  letter  fro  Rich: 
Church  of  Harfford  was  pi'sented  by  Wm  Potter  and  read, 
wherein  he  declared  yt  he  ap^hended  yt  Wheadon  had  wrong, 
being  witheld  so  longe  from  y*"  trade. 

John  Meiggs  sd  y*  he  vnderstood  from  Murwin  of  Milford 
yt  he  would  vndertake  to  teach  him  y®  trade  within  2  yeares. 
Jonathan  Rudd  of  Seabrooke  was  also  ppounded ;  the  court 
told  him  y*^  one  of  them  failed  him,  for  he  was  a  tanner,  &  the 
other  we  heare  not  what  hee  sayes. 

Edward  Church  declared  j^  his  father  had  a  man  at  y°  trade 
4  yeares  in  England,  who  was  insufficient  for  the  trade,  though 
he  had  constant  imployment,  &  y*^  he  hath  heard  his  father 
say  that  there  are  but  few  y*^  can  dress  leather  for  y^  good  of 
y®  country. 

John  Meiggs  desired  y^  2  yeares  might  be  tried,  &  if  in  yt 
time  he  do  not  answere  his  couenant,  he  would  answere  y^ 
damage ;  to  W^  y®  court  answered  they  must  not  run  so  great 
a  hazzard. 

John  Meiggs  desired  p  a  mistake  in  y"^  indenture,  concern- 
ing y*"  date  of  it,  may  be  rectified ;  he  was  told  yt  if  tliere  be 
a  mistake,  it  may  be  considered,  but  for  the  business  itself, 
though  he  p''sent  a  writeing  referring  to  a  m"^  in  England,  yet 
it  doth  not  appeare  that  he  had  any;  right  to  him,  either  from 
his  m''  or  parents,  but  y*  he  was  a  free  man,  he  was  told  y* 
he  was  placed  there  by  authority,  therefore  an  alteration, 
especially  such  as  this,  to  transplant  a  man  from  England 


1658]  JUKISDICTION   OP  NEW  HAVEN.  253 

hither,  in  reason  should  be  by  the  same  power,  w^h  doth  not 
appeare,  but  only  an  agreement  with  an  orphan,  w^^out  con- 
sent of  master  or  magistrate,  (for  ought  appeares,)  is  p^sented 
as  y*^  ground  of  y®  claime,  &  j^  agreement  drawne  on  vpon  a 
delusive  speech  or  argument  vsed  to  him,  of  earning  10^  a 
day. 

To  which  Jo  Meiggs  replied  y^  he  had  no  neede  to  vse  such 
an  argument,  if  he  did,  w^'i  possibly  he  might,  for  he  had  suffi- 
cient right  in  him  before ;  he  further  said  y*^  j^  passage,  of 
earning  10^  a  day,  was  not  proued,  to  w^h  ye  court  replied, 
letting  yt  pass  there  are  pi'cedent  things  w^^  will  be  sufficient 
ground  for  the  court  to  pceed  vpon.  It  was  therefore  declared 
by  way  of  sentence,  that  they  see  not  cause  to  binde  him  ye  sd 
Tho:  Wheadon  any  longer  vnto  Jo  Meiggs,  only  y®  engagem^ 
to  M^  Gilbert  he  must  pforme.  Y*'  indentures  concerning 
Tho.  "Wheadon  are  to  1)e  kept  by  y""  secretary,  y*  if  liereafter 
John  Meiggs  shall  make  any  thing  appeare,  y®  law  may  be 
open  for  his  releife. 

[167]  II  Benjamine  Wright  of  Guilford  being  bound  ouer  to 
y®  court  of  magistrates  to  answere  to  sundry  miscarriages  & 
misdemeanours,  for  w'^'^  had  been  formerly  questioned  by  ye 
court  at  Guilford,  being  called  now  made  his  appearance. 
The  pticulers  charged  against  him  being  read,  y'^  gouerno'' 
demanded  of  "Wright  what  he  had  to  say  to  these  things  y'' 
were  here  declared  against  him,  to  w^h  Wright  answered  that 
he  had  alwayes  acknowledged  y*"  sinfulnes  of  his  carriage  in 
y^  manner  of  it. 

It  was  demanded  of  him  whether  the  things  charged  vpon 
him  were  true  or  not,  to  which  Wright  answered  he  could  not 
tell,  he  had  desired  a  coppy  of  y""  court  pceedings  &  what  they 
had  against  him,  but  could  not  obtaine  it,  therefore  was  not 
p'"pared  to  give  his  answere  at  this  time,  he  therefore  desired 
yt  y^  court  would  forbeare  him  till  some  other  time,  wherevpon 
goodman  Hubbard  affirmed  &  said  that  he  had  pffiired  him  to 
reade  ouer  to  him  the  charges  against  him  &  j^  he  might 
himself  take  them  in  writeing,  &  besides  it  was  further  declared 
that  he  had  y®  heads  of  all  given  him. 

Benjamine  Wright  now  falling  into  a  fainting  fit,  the  gou- 


254  RECORDS   OF  THE  [1658 

ernour  vnsht  him  to  consider  the  pvidence  of  God  towards 
him,  that  as  he  had  beeiie  smiteing  at  the  authority  of  God, 
so  now  God  came  vpon  him  as  if  he  would  kill  him. 

In  y^  afternoone  "Wright  being  againe  called,  was  asked 
whether  he  were  now  fitt  to  answere  to  y®  case,  to  W^^  he 
answered  he  was  not ;  furthermore  Wright  againe  renewed  his 
request  y*  he  might  have  a  coppy  of  what  was  charged  vpon 
him  and  said  he  should  apply  himself  to  consider  of  his  sin  m 
y^  sight  of  God,  w^  being  also  moued  by  y®  magistrate  &  dep- 
uties of  Guilford,  y®  court  consented,  but  Wright  was  withall 
minded  that  there  lies  a  bond  of  50^'  vpon  him  in  y®  meane 
time  for  his  good  behaviour. 

Thomas  Mulliner  appeareing  before  y"  court  declared,  that 
concerning  a  sentence  y*  lately  past  in  Xewhaven  court,  in  ref- 
ferrence  to  a  pcell  of  land  bought  of  M^  Goodier,  he  was  vnsat- 
tisfied  w*'^,  he  therefore  desired  to  make  his  appeale  vnto  this 
court.  A  coppy  of  the  pceedings  of  y*  court  at  Newhaven  was 
pi^sented  by  him,  w<=^  being  read,  y®  court  asked  Tho.  Mulliner 
where  was  y®  error  in  this  sentence.  To  make  y*  appeare,  he 
pi'sented  a  writeing  drawne  vp  by  himself,  also  a  writeing  con- 
taining the  agreemt  betweene  M^.  Goodier  &  himself,  both  w^h 
being  also  read,  it  was  demanded  what  he  pleaded  from  y^ 
couenant,  it  concludes  y®  quantity  &  scituation,  was  not  this 
done? 

To  which  Tho  Mulliner  answered,  y*  whereas  M"".  Goodier 
sould  him  a  170  ace.  of  vpland,  he  conceived  it  must  be  such 
as  other  men  ordinarily  have  for  their  accomodations,  whereas 
he  had  rockes  laid  out  instead  of  land,  W^^  he  vnderstands 
since  are  towne  commons. 

It  was  answered  y'  he  was  offered  in  a  towne  meeting,  y*  let 
M"s.  Goodyeare  &  he  agree,  &  if  there  be  enough  on  y^ 
plaines  for  both,  he  may  have  his  land  there  &  leave  out  yt 
rocky  land  for  y^  townes  vse. 

The  Court  haveing  thus  far  heard,  gave  no  sentence  in  y^ 
case,  but  advised  that  y®  businesse  be  respitted  for  some  time 
in  expectation  of  M"".  Goodyeares  returne  out  of  Engi,  who 
can  best  cleare  his  owne  intensions  &  agreements.  That  part 
of  y®  businesse  for  w<=^-Tho:  Mulliner  was  bound  ouer  to  y® 


1658]  JUEISDICTION   OF  NEW   HAVEN.  255 

court  of  magistrates  was  not  eiitred  vpon  at  this  time,  but  y^ 
sd  Tlio  MuUiner  stands  liable  to  answere  his  miscarriages 
therein  when  he  shall  be  called  therevnto  by  y^  court. 
[168]  II  W™  Newman  of  Stamford  appeared  in  court  to 
psecute  in  a  action  of  y®  case  agamst  Peter  Disbrow,  who 
being  called,  answered  not. 

A  petition  from  M^.  Van  Goodenhousen  was  pi'sented, 
wherein  he  desired  y*  whereas  M^".  W™  Westerhousen,  some- 
time of  Newhaven,  was  indebted  to  him  19,  11%  T'^,  there 
being  an  estate  of  his  in  y*^  hand  of  y^  treasurer  w'^'^  non 
lookes  after,  y'  he  might  be  satisfied  his  debt  out  of  that  estate, 
Tjfch  ye  court  considering  did  order  yt  y"^  sd  some  of  19'i  11^  7^* 
shall  be  dd  to  him,  pvided  yt  he  put  in  security  to  y®  court  to 
be  accountable  for  such  part  of  it  as  shall  be  found  to  be  aboue 
his  pportion  when  y®  other  creditours  appeare  &  y^  estate 
comes  to  be  devided  amongst  them ;  the  house  he  lives  in  he 
propounded  for  security,  but  whereas  y®  estate,  or  part  of  it, 
was  now  in  y®  hands  of  M^.  Hudson,  it  was  referred  to  y®  court 
at  New-haven  to  speake  w^'i  M"".  Hudson  &  himself,  and  to 
determine  y^  time  when  it  shall  be  delivered  to  him  &  to  take 
security  of  him. 

Henry  Tomlinson  appearing  before  the  court  to  attend  y^ 
issue  of  y*^  businesse  in  question  longe  dependinge,  concerning 
wines  &  liquors  bought  &  drawne  by  him  when  he  kept  the 
ordinary  at  Milford,  not  dewly  entred  by  him,  &  yt  after  an 
acc°  had  been  demanded  of  him.  The  passages  in  court,  in 
May,  1657,  &  in  October,  57,  being  read,  it  thereby  appeared 
y*^  for  default  in  dew  entry  &  paym^  of  customs  &  excise  of 
wines  and  liquours  he  had  made  forfeiture  to  y^  vallew  of  140'', 
for  ought  to  the  contrary  that  then  appeared,  but  he  being 
sicke  &  thereby  disabled  to  attend  y^  court,  y®  business  was 
respitted,  in  refferrence  to  the  finall  issue,  to  some  other  time. 
He  being  now  p'sent  was  told  yt  y®  court  was  ready  to  heare 
what  he  had  to  say  in  y®  case,  why  the  forfeiture  dew  by  o^ 
law,  as  y®  case  was  then  vnderstood,  should  not  be  required  of 
him. 

To  W^h  Henry  Tomlinson  answered  that  he  was  (at  least  for 
some  time)  ignorant  of  the  law  &  who  y^  officer  was  to  who 


256  RECOEDS  OF  THE  [1658 

he  should  give  in  y^  acco,  &  further  he  set  yt  being  about  to 
buy  some  liquors  of  M"".  Fenn,  he  told  him  they  would  be 
deare  by  y<^  time  y^  customs  &  excise  was  paid,  M"".  Fenn 
answered  he  need  not  trouble  himself  for  y-,  he  might  forbeare 
vntill  it  did  appeare  what  Stamford  &  other  townes  did  doe 
concerning  their  customs ;  he  also  declared  yt  he  was  told  yt 
Mr.  Fenn  did  not  make  entry  of  some  of  his  owne,  which  pas- 
sages (he  said)  gave  him  ground  to  thinke  y*^  there  would  be 
a  cessation  of  customs  for  that  yeare. 

M"".  Fenn  being  desired  to  speake,  declared,  y*  it  was  true 
he  told  him  y^  other  townes  were  slow  &  y^  he  might  forbeare 
to  pay  it  vntill  it  was  scene  what  was  done  by  other  plantations, 
but  withall  he  had  alwayes  advised  him  to  keep  a  acc°  by  him, 
&  had  since  demanded  an  account  of  him,  &  when  a  acc^  was 
demanded  of  him,  he  giveing  in  only  8  anchors  of  liqueurs, 
the  court  finding  so  little  entred,  having  ground  to  judge  yt 
more  was  dew,  desired  him  to  looke  after  it,  w^^  ^e  did,  but 
no  acc^  could  he  gett  of  him ;  vpon  y*^  he  went  to  Ensigne 
Brian  &  desired  him  to  informe  him  of  what  wines  &  liquors 
he  knew  off  bought  by  Hen:  Tomlinson,  who  gave  it  him  in 
writeing,  W^^  he  brought  to  New-haven. 
[169]  II  Henry  Tomlinson  was  told  by  y*"  court  yt  whereas  he 
had  pleaded  ignorance,  he  had  y®  law  to  direct  him,  they  fur- 
ther minded  him  yt  he  was  advised  to  keepe  a  acc  by  him, 
and  yt  now,  when  it  was  demanded,  he  should  give  in  an  acc" 
only  of  8  anchors  of  liquors,  when  much  more  was  dew,  it  was 
not  faire,  but  to  be  witnessed  against ;  and  that  had  he  failed 
in  not  paying  it,  had  he  had  ought  to  ppound,  it  might  have 
beene  considered;  but  when  a  ace"  is  required,  that  he  should 
give  in  a  falce  ace",  &  thereby  goe  about  to  deceive  vs,  what 
could  be  sd  but  why  this  should  be  witnessed  against  with 
seuerity;  yet  neuertheles,  y^  court  enclineing  to  y®  most 
favourable  way,  (w^'  safety  to  y'^  law,)  did  againe  propound 
to  Hen:  Tomlinson  what  he  had  more  to  say,  whereby  to  take 
off  any  part  of  this  vnder  consideration  from  forfeiture;  to 
w^h  end  he  declared  that  10  anchors  of  these  liquors  did  belong 
to  other  men,  &  yt  4  anchors  were  sould  by  wholesale,  while 
y^  retailer  only  paid,  yt  one  barr.  of  sack  he  carried  to  Stratford, 


1658]  JUEISDICTION   OF  NEW  HAVEN.  257 

half  a  barrell  of  sacke  was  lost  by  leakadge,  3  hogsheads  of 
clarret  &  w'  wme  sould  for  vineger,  all  w<=h  he  desired  might 
be  discounted;  to  w^h  y''  court  condescended,  &  findeing  ye 
remainder  to  amount  to  30'',  it  was  by  sentence  of  court 
declared  to  be  forfeited  &  must  be  paid  by  Hen:  Tomlinson 
within  a  yeare ;  for  pformance  of  w^ii  Ensigne  Brian,  being 
p'sent,  vpon  an  engagem'  by  Nicholas  Camp  at  pi'sent  made 
for  his  security,  Ensigne  Brian  alike  engaged  to  stand  as  Hen: 
Tomlinsons  security  to  y*"  court  for  y'^  paym^  of  y®  debt  of  30^' 
abouesd. 

Ensigne  Brian  declared  that  whereas  there  was  a  warrant 
served  vpon  him  at  y®  sute  of  Hen:  Tomlinson,  to  answere  him 
at  this  court,  y^  the  matters  in  difference  betweene  them  were 
ended,  vnto  W^^^  y"  sd  Hen:  Tomlinson  assented. 

Ensigne  Bryan  also  desird  to  give  in  his  answere  to  a  inform- 
atio  given  in  ag*  him  in  October  last,  concerning  5  pipes  of 
wine  by  him  not  entered,  W^''  was  this,  j^  he  being  y^  officer  at 
Milford  to  take  notice  of  y''  entry  of  wines  &  liquours,  it  was 
his  manner  to  bring  in  his  account  once  a  yeare  to  the  jurisdic- 
tion treasurer,  &  so  he  did  concerning  y®  wines  in  question, 
well  defence  of  Ensigne  Bryan  y'^  court  accepted. 

The  last  will  &  testament  of  Jasper  Stilwell  of  Guilford  was 
p^sented,  made  the  9^^  of  Nouemb'',  1656,  witnessed  by  Geo: 
Hubberd,  George  Bartlet,  proued  in  court  at  Gilford  Nouemb^ 
23,  1657. 

An  inventory  of  y''  estate  of  y®  sd  Jasp  Stillwell  was  also 
presented,  amounting  to  210^'  17"  lO'i,  taken  Nouemb^  15, 

1656,  the  apprizem*  made  by  William  Dudly,  John  Fowler  & 
Hen:  Kingsnorth. 

An  inventory  of  the  estate  of  Jo  Peakins  of  Newhaven, 
taken  by  Tho:  Munson  &  W™  Russell  the  first  of  February, 

1657,  was  p'-esented,  amounting  to  141i'  12^  2^,  at  a  court  at 
Newhaven  y^  Q^^^  of  2  moneth  1658,  y*^  sd  apprizers  attested 
vpon  oath  y*  it  was  a  iust  apprizem*  according  to  their  best 
light. 

An  inventory  of  y^  estate  of  John  Jones  of  Newhaven,  taken 
the  IQth  of  Decemb"^  1657,  amounting  to  811''  4^  11^,  attested 
vpon  oath  by  Jo  Nash,  Mathew  Moulthropp,  Gervase  Boykin, 
33 


258  RECOEDS   OP   THE  [1658 

to  be  a  true  apprizemt  according  to  their  best  light,  at  a  court 
at  Newhaven  March  2^  1657. 

[170]  II  The  last  will  &  testament  of  the  Honourable  The- 
ophilus  Eaton,  Esqr,  y^  late  gouernour  of  this  colony,  was 
p^'esented,  written,  sealed  &  subscribed,  as  is  conceived,  by  his 
owne  hand,  but  being  not  attested  by  any  witnesses  therevnto, 
could  not  be  legally  proued,  wherevpon  at  the  desire  of  M^'s 
Ann  Eaton,  y""  widdow  of  the  deceased,  ye  court  granted  her 
letters  of  administration  to  be  anexed  therevnto,  W^  was 
accepted  by  her. 

Also  an  inventory  of  the  estate  of  y^  aforesaid  Theoph: 
Eaton,  Esqr,  was  p^sented,  amounting  to  1440ii  15^  7*^, 
besides  an  acc^*  betwixt  y°  estate  &  Captaine  Cullick,  and 
betwixt  M^  Goodyeare  &  y®  estate,  both  w^ii  remaine  vncleared, 
but  to  be  added  to  or  taken  from  y®  estate,  with  any  other 
accounts  w^h  shall  appeai-e  iust,  as  there  shall  be  cause;  w^'' 
inventory,  in  respect  of  y"^  pcells,  was  attested  by  M^is  Eaton  to 
be  full  according  to  her  best  knowledg,  a  peice  of  plate  vallewed 
at  40' »,  &  y®  bed  on  W^^  she  lay,  w^  shee  claimed  as  her  pper 
estate,  excepted,  W^''  y®  court  allowed  to  be  left  out  of  the 
inventory,  prouided  y*  shee  cleare  y®  ground  of  her  claime  to 
y^  satisfaction  of  her  children  w^^  are  interested  in  y®  estate. 
M^  Math:  Gilbert,  M^.  John  Wakeman  &  M"".  Richard  Miles, 
attested  vpon  oath  y'  the  apprizement  was  iust,  according  to 
their  best  light. 


At  a  Court  of   Magistrates   held   at  Newhaven  for  y^ 
Jurisdiction,  the  20ti>  of  October,  1658. 
The  Gouernour, 
The  Deputy  Gouerno'', 

Mr.  Mathew  Gilbert,   ^ 

Mr.  Benjamine  Fenn,  >  Magistrates  being  p^sent. 

Mr.  Jasp  Crane,  ) 

Thomas  MuUiner  appeareinge  to  psecute  his  appeale,  entred 
y®  26th  of  May  1658,  was  told  that  y*"  court  was  now  ready  to 
heare  what  he  had  to  say  in  y^  case,  w^  being  declared, 


1658]  JUEISDICTION   OP   NEW   HAVEN.  259 

Thomas  Miilliner  desired  that  y®  couenant  concerning  M^. 
Goodyeare  &  himself  might  be  pused,  it  being  conceived  by 
some  yt  y^  land  he  posest,  (at  least  some  part  of  it,)  did  be- 
longe  to  y®  children  of  M''.  Lamberton,  but  the  lands  (he  sd) 
were  neuer  devided  betweene  M^  Lamberton  &  M^.  Hick- 
cocks,  (since  sould  to  Mr.  Goodyeare,)  as  Mr.  Crane  (he 
said)  could  testify. 

He  desired  y*  y*^  alienation  might  be  also  considered,  for 
hee  conceived  yt  what  was  by  some  witnessed  at  y^  court  was 
not  vnderstood,  who  affirmed  y*^  he  had  said  that  he  was  to 
have  his  meadow  in  y*"  coue,  (called  M"".  Malbons  coue,)  w^^ 
he  sd  was  spoken  vpon  this  occasion,  his  house  being  settled, 
he  had  a  eye  to  a  peice  of  meadow  belonging  to  Mr.  Wake- 
man,  yt  it  might  be  purchased  for  him  by  M"".  Goodyeare,  w^h 
M^  Goodyeare  was  willing  to  attend,  (as  their  was  cause  he 
should,)  but  that  meadow  was  not  attained  ;  now  (sd  he)  my 
alienation  sayes  that  my  vpland  should  ioyne  to  my  meadow, 
[171]  Mf.  Goodyeare  laid  mee  out  18  ace  ||  of  meadow  at  one 
end  of  my  vpland,  &  12  at  y^  other,  w^  he  conceiv'd  did  de- 
termine the  bounds  of  it ;  he  further  pleaded  j^  y^  land  now 
taken  from  him  was  fenced  in  &  improued  2  yeares  before  M"". 
Goodyeare  went  away,  who  objected  not  against  it. 

Leiftenn'  Nash  &  Ensigne  Lindon  being  appoynted  by  y 
court  at  Newhaven  as  defendants  in  this  action,  as  also  to 
psecute  against  him  y''  breach  of  a  bond  of  SO^i,  wherein  he 
engaged  for  his  good  behaviour,  vnto  the  business  now  in  hand 
answered,  that  most  of  these  things  now  spoken  o''  court  hath 
heard,  they  supposed  y*  Tho  Mulliner  was  vnsattisfied  because 
y^  feild  is  taken  away  from  him,  for  he  pleades  yt  his  vpland 
&  meadow  should  ioyne  together ;  the  case  they  declared  to 
be  thus,  there  grew  a  question  betweene  him  &  y"  tennants  to 
M^  Goodyeare,  they  vnderstanding  yt  he  laid  claime  to  the 
whole  or  most  part  of  the  neck,  wherevpon  M^^.  Goodyeare 
came  to  y*"  magistrate  and  debated  y*'  case  with  Tho  Mulliner 
before  him,  &  vpon  his  desire  a  surveyour  was  procured  to 
lay  out  his  land  &  he  charged  not  to  hinder  y^  surveyor  in  his 
worke,  but  he  opposing,  y^  questio  further  grew  on,  that  M'"^ 
Goodyeare  brought  it  to  y<^  court,  who  considered  y*^  couenant, 


260  RECORDS   OF  THE  [1658 

alienation  &  testimonies,  and  gave  sentence  in  y^  case ;  what 
y^  sentence  was  &  y^  grounds  of  it,  y^  records  testify,  w^^i 
were  read ;  the  couenant  betweene  M^  Goodyeare  &  Tho 
Mulliner  was  also  read,  &  he  asked  what  he  interp^ted 
therein  to  be  contrary  to  y®  sentence. 

To  w<=h  he  answered  that  it  is  said  in  y^  records  y*  M"". 
Goodyeare  had  an  appi'hension  that  his  pportion  would  take 
in  neare  all  y^  necke,  to  yf^^  it  was  answered  y*  it  was  an 
error  if  M"".  Goodyeare  did  so  ap^hend,  &  that  the  couen^ 
sayes  only  y*^  he  was  to  have  170  ace.  on  this  neck. 

Tho.  Mulliner  further  pleaded  yt  y^  vpland  must  ioyne  to 
the  meadow,  w^^  it  cannot  do  if  he  have  not  the  feild  now  in 
question. 

The  defendants  answered,  that  it  doth  appeare  by  testimony 
yt  he  was  to  have  all  his  meadow  in  M^".  Malbons  meadow, 
w^^  was  spoken  by  Tho  Mulliner  himself,  as  was  affirmed  by 
Timothy  Ford  &  Thomas  Johnson,  and  that  Abraham  Dow- 
little  had  testified  yt  he  heard  Tho  Mulliner  say,  if  M^.  Good- 
yeare would  let  him  have  that  peice  of  meadow  out  of  M^. 
Lambertons  meadow,  W^  lies  neare  or  adioyning  to  y^  feild 
in  question,  he  would  take  it  for  y*^  he  wanted  in  M^  Mal- 
bons cove. 

George  Smith  also  affirmed  y^  he  haveing  heard  y*^  M''. 
Goodyeare  was  about  to  buy  a  peice  of  meadow  for  Tho 
Mulliner  of  M"".  Wakeman,  he  observeing  this  12  ace.  in  M'. 
Lambertons  meadow  lay  not  convenient  to  their  farme,  they 
agreed  yt  it  should  be  ppounded  to  Thomas  Mulliner  y*  he 
might  have  it,  vpon  this  y''  defendants  pleaded  y'  it  doth  ap- 
peare yt  this  12  ace.  came  in  by  a  after  agreem*,  &  therefore 
it  doth  not  appeare  but  y"^  the  vpland  should  lie  by  Mr.  Mal- 
bons coue,  where  it  was  intended  he  should  have  all  his 
meadow  by  y^  first  agreem^. 

Tho.  Mulliner  desired  that  y®  alienation  might  be  againe 
considered,  w^^^  sayes  his  12  ace.  of  meadow  adioynes  to  his 
vpland.  It  was  told  him  yt  it  dotji  not  say  to  his  vpland,  but 
to  y^  vpland,  w^^  describes  y^  manner  of  the  lying  of  the 
meadow. 
[172]   II  The  defendts   further  pleaded  yt   it  was  said  by 


1658]  JURISDICTION   OF  NEW   HAVEN.  261 

The  Mulliner  yt  his  vpland  &  meadow  must  ioyne  together, 
now  he  grants  that  18  ace.  of  his  meadow  is  in  M"".  Malbons 
cone,  <fe  so  it  doth  adioyne  together  according  to  the  courts 
determination. 

Tho:  Mulliner  pi'sented  a  draft  of  the  land,  drawne  out  by 
himself,  but  was  told  by  M"".  Crane,  who  well  knew  y^  land, 
that  y^  draft  was  not  right,  therefore  not  to  be  made  vse  of 
by  y^  court. 

Leiftennt  Nash  desired  y*  it  might  be  remembred  yt  at  ye 
court  of  magistrates,  the  SOt'i  of  the  4^^  Moneth  1657,  they 
haveing  had  information  of  sl^ndry  miscarriages  comitted  by 
Tho  Mulliner,  did  order  y*  he  should  put  in  security  for  his 
good  behaviour  for  y'^  future,  or  remoue  himself  to  some  other 
place,  the  takeing  of  w^h  security  was  referred  to  Newhaven 
court,  now  he  being  called,  at  the  first  shewed  himself  vn- 
willing,  but  thought  rather  to  remoue,  but  afterwards  engaged 
in  a  bond  of  50''  dewly  to  attend  y®  lawes  of  y®  jurisdiction 
&  of  this  place,  &  to  walke  peaceably  &  inoffensively  to  all, 
&  not  to  be  injurious  to  any  in  their  names  or  estates.  He 
desired  y*  what  is  since  vpon  j-ecord  concerning  him  may  be 
read  and  considered,  whether  he  have  not  broken  y®  said  bond ; 
w^ii  records  being  read,  it  appeared  that  y^  said  Tho  Mulliner 
hath  been  found  guilty  of  many  great  miscarriages,  contrary 
to  that  engagement,  pticulerly  his  offensive  carriage,  &  y*  in 
contempt  of  authority,  when  y®  surveyor  was  attending  his 
worke  appoynted  him  by  y''  magistrate,  in  pulling  vp  the 
sticks  <fe  throwing  them  away,  &  saying  vnless  they  bound 
him  hand  &  foote,  &  carried  him  to  prison,  he  would  hinder. 
Which  Thomas  Mulliner  now  excused,  (as  he  could,)  alleadg- 
ing  yt  he  looked  o  j^  w«=^  was  spoken  by  y"^  magistrate  as 
words  of  counsell,  not  of  comand,  &  y^  he  api^hended  yt  the 
men  appointed  to  lay  out  his  land  would  so  run  y^  line  yt  he 
should  loose  not  only  y^  feild  but  his  house  also,  W^  he 
thought  would  be  remediless  when  once  done,  &  y*  he  was 
put  vpon  doing  thus  to  pacify  his  wife,  who  was  much  troubled 
at  it,  who  he  feared  would  miscarry,  (being  now  with  child,) 
if  it  were  not  pi'vented ;  he  further  sd  yt  he  neuer  did  any 
man  wrong,  to  W^^  y®  court  replied  that  herein  he  spake  as  an 


262  RECORDS  OF  THE  [1658 

audacious  man,  for  he  had  wrought  much  disturbance  to 
many,  viz*,  to  Geo.  Smith,  Wm.  Meaker,  Rich.  Sperry,  as  ye 
records  testify;  and  y*  he  hath  carried  it  contemptuously 
towards  y^  authority  of  y*"  place,  not  submitting  nor  attend- 
ing to  what  was  spoken  to  him  by  y°  magistrate  in  way  of 
comand,  not  of  counsell  only,  (as  he  cald  it,)  ;  &  whereas  he 
sd  yt  he  thought  y*  if  his  land  were  once  laid  out  it  would  be 
remediless,  &  y*  he  should  loose  not  only  his  feild  but  his 
house  also,  he  was  told  yt  it  was  then  said  to  him,  y*  if  his 
feild  should  fall  without  y®  line,  it  should  be  considered  after, 
w<=h  was  the  thing  in  question,  &  not  y''  house  as  he  p'tended. 

Leiftennant  Nash  further  declared  y*  it  appeares  by  j^  bond, 
y^  he  stands  engaged  not  to  be  enjurious  to  any  in  their  names 
or  estates,  but  y*"  last  court  at  Newhaven  a  business  was 
heard  betwixt  Willm  Meaker  &  Tho  Mulliner  for  charging 
W"!  Meaker  yt  he  offered  to  take  a  falce  oath,  w^^  he  proued 
not. 

Tho:  Mulliner  desired  now  of  y^  court  that  there  might  be 
a  convenient  time  allowed  him  to  remoue  out  of  y®  place.  He 
[173]  was  told  that  ||  it  will  be  the  care  of  the  court  to  see 
that  he  carry  it  well  in  y*"  place  while  he  stayes,  but  if  he 
chuse  to  remoue,  he  may  do  so. 

The  Court  haveing  heard  y*"  seuerall  pticulers  alleaged 
against  Tho  Mulliner  to  proue  y«  breach  of  his  bond  of  50i', 
wherein  he  stood  engaged  for  his  good  behaviour,  declared 
y^  same  to  be  forfeited,  &  did  leave  it  to  Newhaven  court  to 
call  for  it  when  they  see  cause,  &  ordered  y'  Tho  Mulliner  shall 
againe  put  in  security  to  y^  satisfaction  of  Newhaven  court 
for  his  better  carriage  for  y®  time  to  come. 

Which  being  done,  the  question  concerning  y*^  land  comeing 
againe  vnder  consideration,  William  Meaker  testified  y'  M'". 
Goodyeare  said  y'  M^.  Mulliner  was  to  have  his  land  by  M^. 
Malbons  coue,  &  not  in  any  other  place  to  hurt  the  farme. 

Ralph  Lynes  also  affirmed  that  when  hee  vnderstood  yt  M^. 
Mulliner  claimed  most  of  the  necke,  he  spake  to  M"".  Good- 
yeare of  it  about  six  weekes  beforcT^he  went  for  England  & 
told  him  yt  he  had  spoiled  y'^  farme,  M"".  Goodyeare  said,  nay, 
for  Mr.  Mulliner  was  to  have  his  land  by  M^  Malbons  coue. 
James  Clarke  affirmed  the  same. 


1658]  JURISDICTION   OF  NEW   HAVEN.  263 

M"".  Mulliiier  was  told  yt  it  appeares  by  many  testimonies 
y'  must  not  be  laid  by,  y*  it  was  intended  that  he  should  have 
all  his  meadow  in  M^  Malbons  coue,  &  y^  M"".  Goodyeare  hath 
said  to  sundry,  that  his  land  must  lie  by  M^,  Malbons  coue, 
and  some  of  y''  witnesses  say  y*  he  himself  hath  said  that 
he  was  to  have  his  meadow  there  ;  it  was  true  y'  an  ouersight 
in  M^  Goodyeare  doth  appeare,  y'  he  did  not  seasonably  stopp 
him  in  y*^  improuing  of  this  land  y*  might  be  a  occasion  of 
expectation  yt  he  should  enioy  it,  yet  withall  they  see  not, 
y°  writeings  &  testimonies  being  considered,  but  y^  he  might 
be  held  to  take  his  land  by  M"".  Malbons  coue,  but  because  he 
hath  had  occasion  given  him  to  expect  this  land  in  question 
by  M"".  Goodyeares  not  witnessing  against  it,  as  he  sayes, 
therefore  y''  advice  and  determination  of  y*"  court  is,  y*  a 
survey  of  the  land  be  taken  &  y^  M"".  Goodyeares  land  being 
laid  out,  Mr.  Mulliners  land  shall  adioyne  to  it  o  y'  side  next 
Mr,  Malbons  coue,  y"  distribution  to  be  made  by  indifferent 
men,  so  y^  the  other  farme  be  not  spoyled  nor  Tho  Mulliner 
wholly  frustrated  of  his  expectation. 

John  Bartrum  comeing  to  y"  court  to  sue  out  a  divorce  fro 
a  wife  (he  said)  he  had  at  y^  Barbadoes,  being  convicted  of  a 
lie,  was  fined  10^ ;  y'^  business  of  y^ -divorce  y®  court  would 
not  medle  with,  but  advised  him  rather  to  psecute  this  mat- 
ter (if  he  see  cause)  where  y®  state  of  y°  question  is  better 
vnderstood. 

John  Baldwin  &  Betliia-  Hawes,  both  of  Milford,  being 
warned  were  cald  before  the  court,  they  both  appearing,  M'. 
Fen  declared  that  he  haveing  heard  it  reported  that  Bethia 
Hawes  was  w'^  child,  he  sent  for  her  &  asked  her  about  it,  to 
w^i  slice  answered  y^  it  was  so,  &  laid  it  to  John  Baldwin, 
wherevpon  he  sent  for  him  &  told  him  of  it,  but  he  denied  it. 
The  examination  more  at  large,  taken  by  M^.  Fenn,  was  by 
him  delivered  into  y'^  court  &  read,  which  is  as  followeth. 

The  12th  of  Octobf  1658,  Bethiah  Hawes  being  suspected 
to  1)6  w^h  child,  y**  question  was  asked  whether  she  was  with 
child,  to  w^h  she  answered  she  was.  2diy,  it  was  asked  by 
whom,  to  Wh  she  answered  it  was  by  Jo  Baldwin,  3'y  it  was 
[174]  asked  whether  any  other  had  ||  not  had  fellowshipp  w^^ 
her  in  that  way  but  he,  to  w<^h  she  answered  y*  non  had  knowne 


264  RECORDS  OF  THE  [1658 

her  in  y*  -^ay  but  hee,  for  she  said  yt  she  was  a  maid  till 
then.  It  was  asked  when  this  was  done,  she  said  it  was  in 
Aprill  last,  but  what  time  shee  could  not  tell.  Further  it 
was  asked  her  where  this  was  done,  to  w^h  she  answered  it  was 
done  in  her  masters  yard,  standing  vp  by  five  railes,  between 
the  broad  gate  &  j^  old  house  next  the  highway,  &  further  she 
said  they  were  standing  all  y*"  while  &  y^  he  neuer  had  to  doe 
w'h  her  in  any  such  way  any  other  time  nor  yt  there  was' any 
familiarity  betweene  him  &  shee  any  other  time,  and  yt  she 
did  not  receive  any  pledge  from  him  at  any  time  ;  further  she 
sd,  she  neuer  received  any  thing  from  him  at  any  time  ;  fur- 
ther she  said  she  was  not  aboard  any  vessell  in  y*^  night  at  any 
vnseasonable  time ;  and  further  she  said,  being  questioned  for 
being  aboard  some  vessels,  y'  she  was  aboard  no  vessell  at 
any  time,  but  that  of  Richard  Brians,  &  but  twice  of  yS  &  yt 
was  in  y®  day  time. 

Jo:  Baldwin  denied  y''  fact,  but  Bethia  did  owne  what  was 
contained  in  y^  examination  to  be  so. 

M"".  Whitman  declared  yt  y«  question  y*  was  put  to  her, 
whether  there  was  any  familiarytie,  betweene  him  &  her  at 
any  other  time,  she  might  not  vnderstand  y*"  word  familiarity. 
Jo  Baldwin  was  asked  whether  he  did  ever  kiss  her ;  yt  he 
confessed  he  had  done.  It  was  demanded  of  John  Baldwin 
whether  he  had  not  vsed  to  keep  company  with  her,  to  w^h  he 
answered,  not  in  any  vncivell  way,  but  he  haveing  a  child  at 
nurse  at  goodwife  Denisons,  as  he  went  &  came  y*  way  she 
would  be  asking  him  how  y^  child  did.  He  was  asked 
whether  he  had  not  beene  with  her  alone.  Ypon  that  M^. 
Whitman  declared  that  his  wife  found  them  together  in  the 
old  house  or  stable,  w^'i  he  also  confessed.  For  the  further 
clearing  of  y®  case,  the  testimony  of  Joseph  Pecke  was  read 
who  saith,  that  one  evening  he  came  by  M^.  Whitmans,  & 
there  he  found  Jo:  Baldwin  &  Bethia  Hawes  together,  only 
the  railes  betweene  them,"  and  this  was  when  Jo:  Baldwins 
child  was  at  nurse  at  Robt.  Denisons. 

James  Prime  testifies,  that  on  one  evening,  after  day  light 
was  shutt  in,  hee  see  John  Baldwin  &  Bethia  Hawes  together, 
only  railes  betweene  them,  &  then  there  was  folk  in  y""  street. 

Goodwife  Prime  testifies  that  she  see  John  Baldwin  &  Be- 
thia Hawes  together  after  twas  darke,  y®  railes  betweene  them. 

Milford,  Octobr  y^  19,  58. 

Which  Mr.  Whitman  sd  was  at  spuerall  times  &  y^  Joseph 
Peck  had  said,  yt  he  wondered  y^  Jo  Baldwin  should  so  soone 
after  ye  death  of  his  wife  be  so  familiar  with  her. 

Also  the  testimony  of  Edward  Preston,  in  reference  to  some 


1658]  JURISDICTION   OP  NEW  HAVEN.  265 

suspicio  of  familiarity  betweene  Rich«i  Marshall  &  Betliia 
Hawes,  tending  to  j"  p^'sent  crime  whereof  she  is  proued 
guilty,  was  p^sented  &  read.  This  deponent  testifieth  as  fol- 
lowes,  I  being  in  discourse  w^h  Richard  Marshall,  he 'spake 
much  in  j^  comendation  of  y®  said  Bethiah,  &  at  the  same 
time  added,  y*  he  was  a  foole  of  a  man  yt  could  not  have  y^ 
vse  of  a  maid  &  she  not  be  w'^  child. 

Eclward  Turner  likewise  testifieth  y*  he  heard  y*'  sd  Rich: 
Marshall  say,  y*  he  was  a  foole  of  a  man  y'  could  not  have  y^ 
vse  of  a  maid  and  she  not  be  with  child. 
[175]  II  Sarah  Firman  &  Elizabeth  Hinde  do  testify,  that 
they  heard  Bethiah  Hawes  say  y*  her  brother  sent  her  a  paire 
of  gloves,  well  gloves  she  vpon  examination  owned  to  be  y^ 
gift  of  Rich.  Marshall. 

Hannah  Peston  testifieth  y*^  about  the  beginning  of  y^ 
moneth,  Bethiah  Hawes  told  her  that  folks  in  y^  towne  said 
she  had  a  great  belly,  but  she  did  not  know  how  she  came  by 
it.  Sarah  Firman  likewise  testifieth  y'  she  told  the  said  Be- 
thiah that  she  heard  a  report  about  the  towne  yt  she  was  with 
child,  to  w^h  she  answered  she  heard  non  of  it ;  she  further 
replied,  if  it  were  not  so,  were  she  in  her  case,  she  would  en- 
deavo""  to  cleare  herself,  Bethiah  answered  y*  she  was  cleare 
already. 

Elizabeth  Hinde  likewise  testifieth  y*  she  being  at  y®  same 
time  with  M^^,  Firman,  advised  Bethiah  if  this  report  were 
falce  to  acquaint  her  M''.  &  M^^.  with  it,  &  she  did  not  ques- 
tion but  they  would  seeke  to  cleare  her,  her  reply  was  y*  it 
was  a  lye,  w^h  reply  Sarah  Firman  likewise  testifieth  yt  she 
heard. 

These  testimonies  were  given  in  vpon  oath  before  me  at 
Milford,  Octobr  y«  19.  58. 

Benjamine  Fenn. 

Sargeant  Baldwin  exprest  that  he  was  desired  to  speake  in 
y^  case  though  he  had  no  delight  in  it,  whereas  it  was  said  by 
the  elder  that  she  might  not  vnderstand  y"'  word  familiarity,  it 
was  also  propounded  to  her  vnder  y''  word  daliance,  she  was 
asked  if  there  was  no  daliance  preceding  yt  act,  she  answered 
no,  &  she  said  that  there  was  no  familiarity  betweene  them  at 
any  other  time ;  to  that  it  was  answered  by  y*"  court  yt  he  had 
confest  he  kist  her,  &  j^  was  daliance,  &  j^  seuerall  testi- 
monies also  say  yt  he  was  familiar  with  her,  to  W^^  Sargeant 
Baldwin  answered  yt  this  was  said,  y  ^  as  he  went  to  &  came  from 
his  child  he  had  speech  with  her ;  he  further  said  he  would  be 
34 


266  RECOEDS   OP  THE  [1658 

far  from  darkening  the  case,  but  desired  y*  if  the  partie  ac- 
cused be  indeed  guilty  y*^  it  might  be  knowne,  but  he  had 
something  to  propound  y*  to  him  made  y'^  accusation  doubt- 
full,  w°h  he  desired  might  be  considered,  he  conceived  that 
there  were  passages  in  the  examination  w'^^  are  not  written, 
first  she  said  that  their  were  no  p^ceding  acts  of  daliance  at 
yt  time  spoken  of,  onely  y®  act,  she  was  now  asked  if  this  was 
true,  she  answered  she  remembers  no  daliance  preceding, 
she  was  asked  how  long  they  had  been  together  before  the 
act,  she  answered  she  thought  he  was  newly  come  into  y^ 
yard  when  she  had  done  milking  &  then  it  was  done,  she  was 
by  y®  court  advised  yt  as  she  hath  falne  into  a  great  sin,  yt  she 
add  not  to  it  by  accusing  one  to  be  guilty,  w^'^  is  not  so;  it 
was  demanded  of  her  whether  she  vsed  any  meanes  to  shun 
him,  she  answered  yt  she  prayed  him  to  be  quiet  &  he  said  he 
would  doe  her  no  hurt. 

Rich:  Baldwin  desired  yt  it  might  be  considered  whether  by 
some  of  the  testimonies  given  in  there  doth  not  appeare  in 
her  palpable  contradictions,  in  saying  first  y*  her  brother  sent 
her  a  paire  of  gloues  &  afterwards  owned  them  to  be  y"  gift 
of  Rich.  Marshall,  he  said  he  saw  no  reason,  first,  why  she 
should  contradict  herself,  secondly,  why  she  should  conceale 
the  doner  Rich.  Marshall,  w<='>  vntil  necessity  compeld  her  she 
confessed  not. 

Bethiah  was  asked  what  she  said  to  this  y*  was  now  spoken 
[176]  by  Sargeant  Baldwin,  |1  to  which  she  answered  that  she 
remembers  not  y*  she  said  her  brother  sent  them,  but  that 
they  came  out  of  y*"  Bay,  &  so  they  did,  for  Rich.  Marshall 
brought  them  thence. 

M'".  Whitman  declared  yt  y*'  ground,  as  he  tooke  it,  why 
Richard  Marshall  gave  her  these  gloves  was  this,  he  dwelt  in 
his  house  &  she  washt  for  him,  therefore  he  might  give  them 
to  her,  &  she  concealed  them  not  from  her  m"  ;  y*^  court  de- 
clared that  this  ground  spoken  of  was  lawfull  &  honest. 

Richard  Baldwin  further  said,  he  could  not  but  marvell  y' 
she  should  say  she  knew  not  how  she  came  by  her  great  belly, 
as  the  testimony  given  in  declares  as  spoken  of  a  time  not 
aboue  a  fortnight  before  the  examination  ;  another  thing  Sar- 


1658]  JURISDICTION   OF  NEW  HAYEN.  267 

geant  Baldwin  desired  might  be  considered,  that  she  hath  not 
scattered  such  wayes  of  wantoness  only  to  him,  to  w^h  it 
was  answered  y*^  it  doth  aggravate  his  guilt  that  he  would 
keep  company  with  her  at  vnseasonable  times,  she  being  one 
of  so  bad  a  carriage. 

Sargeant  Baldwin  declared  yt  it  hath  beene  said  yt  she  had 
spoken  to  sundry  weomen  to  speake  to  some  to  come  a  wooing 
to  her,  w^'^  she  being  asked  denied,  but  M^  Fenn  sd  that  one 
woman  gave  such  a  testimony,  &  Bethiah  being  sent  for  backe, 
she  would  not  come  but  said  y*  if  they  had  any  thing  to  say 
they  might  have  spoken  while  she  was  there. 

The  Court  told  her  that  she  was  one  that  had  spoken  falcly 
as  the  witnesses  afiirme,  &  y*  she  hath  beene  of  a  light  car- 
riage, &  y^  same  is  found  evidenced  concerning  the  man  in 
his  carriage  towards  her. 

Sargeant  Baldwin  sd  y*  one  time  indeed  spoken  oif,  viz,  his 
being  in  y*"  house  with  her,  cannot  be  excused,  he  hath  owned 
yt  he  was  with  her  there,  but  withall  he  sayes  she  was  milking, 
&  one  coming  by,  he  went  into  y*"  house,  w^h  is  an  open  house 
as  he  conceives ;  as  for  the  other  times  spoken  off,  he  was  on 
one  side  of  the  railes  and  she  o  the  other,  &  he  gives  the  rea- 
son why  he  past  y*  way,  viz*,  to  visitt  his  child  at  nurse ;  it 
was  by  y""  court  answered  y*^  he  might  easily  p^tend  occasions, 
but  his  carriages  have  been  vnsattisfying  in  refference  to  her 
who  is  now  with  child,  &  theres  no  other  gives  ground  of  sus- 
pition  but  himself. 

Vnto  w^ii  Rich.  Baldwin  returned,  that  there  is  something 
testified  concerning  another  man,  &  he  hath  observed  be- 
tweene  them  such  familiarity  this  day  in  bringing  her  from 
Milford  &  keeping  company  with  her  here,  as  renders  him, 
vizt  Rich.  Marshall,  suspitious. 

To  which  M^  Whitman  answered  yt  she  could  not  ride 
alone,  therefore  he  rode  before  her,  &  his  being  with  her 
today  was  w^'^  respect  to  y"^  court,  haveing  heard  yt  something 
would  be  spoken  against  him  there,  &  besides  he  heareing  of 
her  being  with  child  when  hee  was  at  y"^  Manatees,  if  he  had 
beene  guilty  he  conceived  he  would  not  have  come  to  Milford. 

Richard  Marshall  was  called  &  asked  what  he  said  to  those 


268  RECORDS   OP   THE  [1658 

base  speeches  mentioned  in  y®  testimonyes  of  Edward  Preston 
&  Edward  Turner,  to  W^''  he  answered  that  they  were  base 
speeches  indeed,  but  they  were  not  spoken  by  him,  if  he  had 
so  spoken  he  should  not  have  beene  vnwilling  to  suffer ;  he 
alleadged  yt  one  spake  of  a  time  as  they  were  going  betweene 
Dorchester  &  Boston,  &  the  other  cannot  say  wliere  he  heard 
it,  &  besides  y*  they  have  a  grudg  against  him.  It  was  asked 
why  he  objected  not  these  things  before  the  witnesses,  he  said 
yt  he  did  object,  but  was  told  y®  ground  why  he  objected  was 
not  sufficient. 

[177]  II  Sargeant  Baldwin  further  said,  j^  Edward  Preston 
sd  yt  Rich.  Marshall  being  oft  left  in  charge  with  y*"  vessell 
was  gon  fro  the  vessell,  &  he  supposed  y*  when  he  was  asked 
where  he  had  been  he  sd  at  M^".  Whitmans,  &  when  he  came 
he  was  not  fit  for  his  business. 

The  Court  haveing  thus  far  heard,  declared,  as  for  Richard 
Marshall,  they  take  notice  of  base  &  sinfull  speeches  spoken 
by  him,  w*^^  words  call  for  corporall  punishment,  but  being 
y^  first  time,  the  sentence  was  that  he  pay  20 »  fine  to  y« 
jurisdiction. 

For  John  Baldwin  he  hath  rendered  himself  a  suspitious  man 
to  be  the  father  of  this  childe,  who  hath  confest  that  he  hath 
beene  with  her  at  vnseasonable  times,  kist  her,  &  there  is  no 
other  accused  by  her,  they  declare  y*  they  should  wait  to  se 
what  the  pvidence  of  God  will  discouer  concerning  him,  in  the 
meane  time  they  leave  him  as  a  man  vnder  suspition,  &  re- 
quire y*^  he  putt  in  security  to  60^'-  vallew,  out  of  his  land  at 
Milford,  to  attend  y^  court  further  in  this  matter  when  he  is 
called  for,  -W^^  50i'  he  then  engaged. 

And  for  Bethiah,  she  is  guilty  of  a  horrible  sinn,  for  w^i' 
she  must  be  accountable  before  God  &  to  this  court ;  she  was 
told  that  she  hath  to  doe  with  an  allseeing  God,  who  can  write 
her  sin  in  her  forehead,  who  is  a  jealous  God,  &  will  not  be 
dallied  with.  For  her  appearance  at  y^  court  when  she  is 
called  for,  M^.  Whitma  now  before  y^  court  engaged. 

Mi^is.  Goodyeare  &  her  children  by  M"".  Lamberton  p^'sent- 
ing  themselues  before  the  court,  she  desired  that  y*"  portions 
w'^h  remaine  vnpaid  dew  to  the  children,  might  be  set  out  by 


1658]  JURISDICTION   OP  NEW   HAVEN.  269 

y®  court,  vpoii  which  pposition  it  was  demanded  of  Willin 
Trowbridge,  y^  husband  to  Elizabeth  Lamberton,  what  he  had 
received  of  M"".  Goodyeare  of  the  portion  dew  to  his  wife,  he 
said  60'',  W^^  with  her  part  of  the  land  of  M^.  Lamberton, 
was  found  neare  12^  too  much,  w^h  he  pmised  to  be  account- 
able vnto  y*"  estate  for.  M""'**.  Goodyeare  further  desired  that 
certaine  houshold  goods  mentioned  in  a  writeing  she  gave  in, 
w'^^  contained  the  better  part  of  them,  might  be  part  of  the 
said  portions,  w^'^  was  declared  to  be  no  more  then  the  neces- 
sity of  their  family  cald  for,  w^h  y^  court  takeing  into  consid- 
eration &  judging  it  better  for  y^  estate  y*  all  y*"  houshold 
goods  goe  together,  appointed  her  y^  whole,  also  at  her  desire 
granted  that  all  y®  cattelle,  sheepe,  horses,  mares,  hoggs, 
carts,  plowes,  mentioned  in  y*"  inventory,  should  also  go 
towards  y*"  discharge  of  the  said  portions,  y^  remainder  was 
left  to  be  set  out  by  Newhaven  court,  in  land  or  otherwise  as 
they  shall  see  cause. 

Hannah  &  Hope  Lamberton,  being  at  age,  were  appointed 
to  receive  their  portions,  w^^  they  desired  might  be  delivered 
to  their  mother,  for  w^'^  they  are  to  give  a  discharge  to  New- 
haven  court. 

Deliverance,  who  is  to  have  a  double  portion,  &  Mercy, 
Desire,  and  Obedience,  chose  their  mother  for  their  guardian, 
who  accepted  &  y^  court  approved,  vpon  condition,  as  they 
[178]  told  her,  that  if  she  ||  should  change  her  condition,  or 
that  y*"  portions  of  them  vnder  age  should  be  in  a  wasting 
way,  or  vpon  any  other  iust  cause,  they  leave  it  to  Newhaven 
court  to  call  for  &  require  security,  or  otherwise  to  dispose  of 
the  estate  y'  y*^  children  vnder  age  be  not  wronged. 

It  was  also  propounded  y^  M'^.  Goodyeare  might  have  & 
enioy  for  her  life,  a  third  part  of  all  houses  &  lands  whereof 
M"".  Goodyeare  stood  posest  at  his  death,  according  to  o"" 
printed  law  in  yt  case,  &  that  the  thirds  of  M»".  Lambertons 
houses  &  lands,  hers  before  by  vertue  of  a  former  law  in  force 
w"  M^.  Lamberton  died,  might  be  reserved  entire  to  her,  w^h 
ppositions  in  the  behalf  of  M".  Goodyeare,  the  court  at 
p'"sent  saw  nothing  but  it  might  be  granted. 

M".  Goodyeare  haveing  resigned  y^  estate  of  M^.  Goodyeare 


270  RECOEDS  OP  THE  [1658 

vnder  the  power  of  Newhaven  court  y*  so  it  might  more  fully 
appeare  that  she  desired  that  rules  of  righteousness  might  be 
attended  (as  far  as  could  be)  towards  y"  creditor's,  this  court 
takeing  yt  matter  into  their  consideration,  did  in  psuance 
of  yt  end,  order  that  y*"  secretary  should  set  vp  a  writeing  at 
y®  meeting  house  dore  at  Newhaven,  the  contense  whereof  is 
as  foUoweth, 

This  may  certifie  those  who  it  may  concerne,  f^  whosoeuer  is 
debtour  or  credito""  to  y*^  estate  of  M"".  Stephen  Goodyeare, 
late  of  Newhaven  deceased,  is  desired  to  bring  in  an  acc° 
thereof  to  W™  Gibbard,  secretarie  at  Newhaven,  betwixt 
this  &  y^  court  of  magistrates  to  be  held  at  Newhaven  y« 
second  day  of  the  weeke  next  before  y^  court  of  ellection, 
the  4th  (^ay  of  the  last  weeke  in  y*"  S^i  moneth,  coinonly  called 
May,  next,  at  W^'^  time  y*^  court  will  heare  &  consider  of  the 
seuerall  debts  demanded  &  j^  proofe  made  concerning  them, 
&  so  order  and  dispose  of  y'^  estate  as  they  shall  then  see 
cause  &  ground  for,  that  righteousness  may  be  attended  as 
far  as  light  appeares. 

M\  Peirson,  planf.  \  Before  the  declaration  of  the  case  y^ 
Jo  Coivp.  and  Math:  >  plant'  pr'mised  that  he  did  not  judge 
Moulthropp,  defendts.  )  it  vnlawfuU  for  a  minister  of  the 
word  to  pi'sent  his  case  to  y^  judgment  of  y^  magistrate,  for  ye 
determination  of  such  civill  controuersies  as  may  arise  betwixt 
themselues  &  others ;  for  were  it  so,  then  should  they  be  in 
worse  case  in  yt  respect  then  other  men,  but  he  had  not  beene 
forward  this  way,  but  had  offered  to  these  two  bretheren  to 
put  y*"  matter  in  question  to  arbitration  &  not  be  brought  to 
publique  triall,  but  they  told  him  y*  it  concern'd  an  absent 
man,  therefore  they  thought  it  needfull  to  be  determined  by 
y^  court;  W^'^  being  spoken,  y*^  plant'  in  a  action  of  the  case 
declared  concerning  a  black  dun  mare  taken  vp  &,  detained 
by  y®  defendts.  But  in  y^  psecution  of  y^  action,  y*"  plant,  find- 
ing himself  not  pi'pared  in  poynt  of  testimony,  at  his  desire  it 
was  deferred  till  y"  next  court. 

The  third  day  of  Nouembr  next  was  appoynted  for  a  day  of 
thanksgiveing  through  y®  jurisdiction  for  y'^  mercyes  of  the 
yeare  past. 


1659]  JURISDICTION   OP  NEW   HAVEN.  271 

[179]  At  a  Court  of  Magistrates  held  at  Newhaven 
FOR  the  Jurisdiction,  the  23*^  of  May,  1659. 

William  East  being  by  y*"  court  at  Milford  bound  in  a  bond 
of  50'*  to  attend  this  court  appeared  not,  but  instead  thereof 
sent  a  petition  to  excuse  his  non-appearance,  W^^  was  p^sented 
&  read ;  w^h  being  done,  M^  Fenn  declared  yt  the  said  William 
East  being  found  drunke,  he  acquainted  their  deputies  with  it 
&  according  to  the  sentence  of  this  court,  the  21th  Qf  Octob, 
1657,  he  was  set  in  y®  stocks  at  Milford,  &  further  he  declared 
that  he  hath  beene  drunke  since  his  stocking,  &  yt  he  liimself 
saw  him  so  in  his  owne  house,  wherevpon  he  made  enquiry 
where  he  had  it,  &  vpon  enquiry  found  y^  he  had  broached  an 
ankor  of  liquors  in  his  owne  house,  &  yt  he  spake  to  him  as 
he  could  to  shew  him  y^  greatnes  of  his  sinne,  &  told  him  yt 
if  he  would  not  dispose  of  the  liquors  within  24  houres,  he 
would  send  y®  marshall  to  seaze  it  to  p'vent  the  abusing  of  y^ 
creature,  but  withall  promised  him  y^  it  should  not  be  embez- 
zelled  nor  wasted,  nor  should  he  be  hindered  from  selling  it, 
&  yt  y*"  sd  W'n  East  gave  threatening  words,  saying  if  the 
marshall  come,  he  had  best  to  looke  to  himself;  further  M"". 
Fenn  sd  yt  about  y*"  time  of  21  houres  he  sent  the  marshall  to 
looke  after  it  &  it  was  sould;  w«^h  being  related,  y^  court 
declared  y®  bond  of  50''  to  be  forfeited  &  may  be  cald  for  when 
y®  court  sees  cause ;  as  for  y^  petition  p'"sented,  they  reject  it, 
&  doe  require  yt  W^^  East  make  his  appearance  at  Newhaven 
at  y^  next  court  of  magistrates. 

John  Heardman  being  bound  ouer  to  y^  court,  appeared, 
who  was  told  yt  he  was  to  answere  for  great  &  gross  mis- 
cariages  by  him  committed  at  Milford,  w^h  M'^.  Fenn,  being 
desired,  more  pticulerly  declared  yt  Jo.  Heardman  being  at 
Milford,  he  was  informed  y*  he  was  drunke,  wherevpon  he 
wrote  a  warrant  &  sent  it  by  y^  marshall  who  found  him  in 
yt  case,  who  required  Jo.  Heardman  to  come  before  him,  who 
came  a  little  way  but  at  last  hitt  his  hatt  o  the  ground  &  bid 
the  marshall  touch  him  if  he  durst,  so  y^  marshall  laid  hold 
on  him  &  gave  him  a  fall,  but  y"^  sd  Heardman  was  very 
vnruly  &  kicked  him  y*  was  to  assist  the  marshall,  but  at  last 


272  RECORDS   OP  THE  [1659 

they  brought  him  before  him,  wherevpon  he  told  him  yt  he 
had  heard  y*^  he  was  driinke,  therefore  he  had  sent  for  him  to 
see  the  trueth  of  it,  but  Heardmaii  denyed  that  he  was  drunke 
&  Tsed  many  turbulent  expressions,  though  he  gave  him  no 
occasion,  &  said  y'  he  would  tread  him  vnder  foote,  as  he  had 
done  him;  further  M^  Fenn  said  y*^  he  told  Heardman  y'  he 
was  drunke  as  appeared  by  his  reeling  &  staggering  &  ill 
pnouncing  of  his  words,  y^  word  justice  in  pticuler,  w^^  he  bid 
him  express  plainly  but  he  could  not ;  further  y*  he  told  him 
y'  he  was  vnder  y*"  breach  of  y°  law  &  had  beene  formerly 
punished  by  y®  court,  &  y'  now  he  should  go  on  in  such  a  way 
did  greatly  aggravate  his  fault,  to  w^^  Heardman  answered  j^ 
j°  lawes  were  his  will,  or  words  to  y*^  purpose,  to  W^^  he 
replied  y^  y'=  lawes  were  not  his  will,  but  he  hoped  according 
to  y^  will  of  God ;  after  this  Heardman  threatened  him  <fe  said, 
[180]  if  he  had  him  out  of  y°  jurisdiction  where  ||  he  could 
have  justice,  he  would  deale  w^'i  him;  to  w^h  M^  Fenn  said 
he  answered,  yt  he  had  iustice  heare  by  ye  court  who  had  for 
former  miscarriages  laid  a  fine  vpon  him,  some  part  of  w^h  ho 
had  secured,  but  had  withall  told  him  y^  if  he  would  see  his 
sin  So  give  satisfaction  to  his  wife  &  others  y'  he  had  wronged, 
he  would  remitt  a  considerable  part  of  it,  or  if  y*"  court  would 
take  a  re\'iew  &  punish  him  another  way  he  would  submitt  it 
againe  to  them.  M^.  Fenn  further  said  y'  he  kicked  y*"  mar- 
shall  &  called  him  begger,  &  said  y*  he  would  lie  &  sweare  to 
any  thinge,  vpon  this  he  bid  the  marshall  put  a  locke  vpon  him, 
&  told  him  y^  he  must  goe  to  Newhaven  except  he  put  in 
security,  w^'i  he  refused  to  doe,  &  was  comitted  to  y*^  marshall, 
but  afterwards  security  was  given  for  his  appearance. 

Tho:  Wheeler  y'^  marshall  was  told  if  he  any  thinge  to  add 
to  what  M^  Fenn  had  said,  he  might  speake,  vpon  w'^''  he 
declared  y*^  the  generallity  of  the  things  spoken  by  M^.  Fenn 
he  remembers,  &  further  to  make  it  appeare  y^  y®  said  Heard- 
man was  drunke  he  declared  y*  when  he  came  to  fetch  him 
before  M^  Fenn,  he  spake  word^  he  vnderstood  not,  calling 
vpon  M^  Pell  to  give  him  his  oath,  to  Av^h  when  he  answered 
he  was  no  magistrate,  Heardman  replied  y'  he  was  a  magis- 
trate.    Y®  marshall  now  further  sd  y'  when  at  last  he  was 


1659]  juEisDicnoN  of  kew  ha  yen.  273 

willing  to  goe  to  y*  magistrate,  he  sd  lie  would  have  him  to  y^ 
magistrate. 

John  Heardman  was  now  asked  if  he  owned  this  yt  was 
alleadged  ag^  him,  he  said  he  owned  all,  but  excused  it  as  he 
could,  saving  y^  he  was  ouertaken  by  drinkinge  of  rum.  The 
gouernour  told  him,  were  he  a  well  conditioned  man  at  other 
times,  his  excuse  were  y*  more  to  be  regarded ;  to  w^^  he 
answered  y^  he  was  neuer  so  before,  but  was  told  that  he  knew 
the  contrary  was  proued,  <fc  y^  his  carriage  hath  not  been  only 
thus  offensive  when  he  is  drunke  but  at  other  times  also,  w^^ 
to  make  appeare,  Tho:  Wheeler  aflSrmed  yt  on  y*  morrow  morn- 
ing he  sd  he  was  a  verr  rogue  <t  rascall,  &  y^  yerr  scum  of  t^ 
country;  to  w^*»  Heardman  answered  y^  he  knew  not  y^  he 
slept  a  winke  all  night.  <fc  y^  it  was  two  dayes  before  the  drinke 
was  out  of  his  head.  Heardman  was  asked  how  much  liquours 
they  had,  to  w<^i»  he  now  answered  he  knew  not  how  much, 
whether  3  or  4  quarts ;  he  was  asked  how  many  were  at  y^ 
drinking  of  it,  to  w«^  hee  answered  y^  there  was  himself  & 
Cable,  &  Post,  &  Lockwoods  sonne,  w^^  y-  court  witnessed 
against  as  an  excesiTe  quantity  for  so  small  a  company,  w^^ 
y*  court  will  consider  of. 

Mr.  Fenn  further  exprest  y^  Heardman  hath  said  that  he 
hath  freinds  would  speake  for  him,  being  asked  who.  he 
named  Sargeant  Baldwin,  but  he  now  said  y^  Sargeant  Bald- 
win had  alwayes  given  him  good  counsell ;  to  w^^  it  was  said, 
had  he  given  him  more  good  counsell  &  less  liquors,  it  had 
been  well ;  wherevpon  Joseph  Waters  informed  yt  he  vnder- 
stands  y*  there  was  half  a  score  that  dranke  of  this  Hquors, 
but  proued  it  not,  but  M'^.  Fenn  added  y^  Post  was  not  as  he 
should  l^e,  &  that  it  was  reported  that  at  y*  time  some  yt  came 
this  way  could  scarce  gett  vp  vpon  their  horses,  nor  sitt  when 
they  were  vp.  Heardma  was  told  y  had  it  beene  a  single  fact, 
though  in  a  grosse  degree,  y-  court  might  have  exercised  lenity 
towards  him,  but  when  it  is  spoken  off  as  a  thing  vsuall  to  be 
drunke,  they  saw  not  but  he  must  be  made  an  example  vnto 
[181]  others.  Heardman  confessed  y*  he  was  of  j)  a  hasty 
spirit,  but  was  told  y*  it  were  to  be  wished  y*  he  were  not  of  a 
malicious  spirit  against  goodnes  &  those  in  authority,  <fc  yt  he 
35 


274  RECORDS   OF  THE  [1659 

declared  himself  to  be  a  sonne  of  Beliall,  not  subject  to  any 
yoake,  and  y^  if  all  men  were  of  his  frame,  it  would  be  a  hell 
vpon  earth  &  no  liveing  among  them. 

Mr.  Fen  propounded  yt  if  John  Heardman  would  have  a 
reveiw  of  any  past  action  he  would  answere  him,  to  W^'^  he 
answered  y*  he  had  nothinge  against  M"".  Fenn. 

The  Court  haveing  heard  y®  pticulers  alledged  &  proued 
against  John  Heardman,  declared  y'  they  looke  vpon  his  mis- 
carriages as  exceeding  great  &•  greatly  aggravated,  givemg 
out  threatening  speeches,  trampleing  the  magistrate  (as  it 
were)  vnder  his  feete  &  y®  lawes  of  y*^  jurisdiction,  saying  they 
are  the  wills  of  men,  kicking  y®  marshall,  &c.,  declared  that 
his  miscarriages  call  for  corporall  punishment,  but  he  being 
not  well,  they  would  not  pceed  yt  way,  but  by  way  of  sentence 
ordered,  y*^  Jo.  Heardman  pay  IQi'  fine  to  y*^  jurisdiction,  & 
y^  he  put  in  security  such  as  y^  court  shall  accept  for  his  good 
behaviour  whilest  he  stayes  in  y^  jurisdiction,  in  y®  meane  time 
to  lye  in  prison  at  his  owne  charge  till  security  be  given,  &  if 
this  sentence  be  not  pformed  y^  court  will  consider  some  other 
way. 

Sigismund  Richalls  of  Brandford  engaged  himself  &  estate 
to  the  vallew  of  50''  for  the  good  behaviour  of  Jo  Heardman 
for  a  monetli,  &  then  to  dd  him  to  y*"  marshall  if  he  answere 
not  y^  sentence  in  y^  meane  time. 

The  Court  declared  yt  according  to  a  writeing  sett  vp  at  y^ 
meeting  dore,  by  order  of  the  court  in  October  last,  that  any 
yt  have  any  claime  to  make  to  any  part  of  y^  estate  of  M'". 
Goodyeare  deceased,  they  may  now  speake  &  j^  court  will 
heare  them  &  consider  of  y'^  grounds  of  such  claime. 

M^  Henry  Woolcott  p^sented  2  bills  vnder  M^  Goody eares 
hand,  both  bearing  date  August  25,  57,  y^  one  for  179''  19% 
whereof  157^'  was  to  be  paid  in  money  in  London,  y^  rest  in 
currant  country  pay,  y^  other  bill  for  117''  5^  0'',  whereof  he 
hath  received  62"  9%  y«  remainder  is  231  15%  w''^  proofs  y^ 
court  accepted,  he  also  pleaded  for  damages  w^''  was  left  to 
further  consideration. 

M"".  Crane  &  M^.  Auger  in  y^  behalf  of  M^.  Hickcox  of  Lon- 


1659]  JUEISDICTION   OF  NEW   HAVEN.  275 

don,  demanded  40^'  w^h  allowance  for  8  yeares;  y^  40^'  was 
allowed,  y^  forbearance  left  to  be  further  considered. 

Christopher  Tod  demanded,  &  by  bill  proued,  a  debt  of  8''. 

Tho:  Dunke  of  Seabrooke,  by  his  attorney  John  Cowper, 
demanded  ll^i  vnpd  of  a  bill  of  50'>,  w^h  y^  court  at  pi'sent  saw 
not  but  it  must  be  allowed. 

A  bill  from  M"".  Goodyeare  to  M"".  Willm  Paine  of  Boston, 
dated  July  30,  57,  was  p^sented,  &  by  it  lO'i  15s  3^  demanded, 
w^h  was  allowed. 

A  debt  of  4''  4^  dew  fro  y«  estate  to  M"".  Nicholes  of  Sea- 
brooke was  allowed. 

The  inventory  of  y''  estate  of  M^".  Goodyeare  was  shewed  to 
y""  credito'"s  y*  were  p^'sent,  as  also  another  writeing  wherein 
was  contained  ye  estate  remaining,  M^  Lambertons  children 
being  paid,  &  M^^.  Goodyeares  thirds  by  her  demanded  to  be 
deducted,  as  also  y''  bookes  of  M^  Goodyeare  were  p«"sented,  & 
withall  it  was  propounded  to  y''  creditors,  y*  if  any  of  them- 
selues  or  any  other  fitt  men  that  they  should  appoint  would 
take  paines  to  serch  y^  bookes  &  make  vp  accounts  w^h  such 
as  should  be  found  debtor's,  &  gather  in  &  pi'serve  y*"  estate  for 
y^  vse  of  the  credito"^^,  &  put  it  in  a  way  (by  sale  of  lands  or 
otherwise)  yt  it  may  be  y^  better  fitted  for  distribution 
amongst  ye  creditoi's  in  Octobr  next,  y^  court  would  authorize 
them  there vnto. 

[182]  II  Some  questions  also  were  propounded  by  y'^  creditoi's 
concerning  y"  equity  of  M''^  Goodyeares  thirds,  but  nothing 
issued  to  make  void  her  claime.  Sundry  demands  were  made 
vpon  y^  estate  besides  those  before  mentioned,  but  the  business 
not  being  sufficiently  p^'pared  for  a  full  issue,  hopeing  also  yt 
in  yt  time  we  may  have  intelligence  from  England,  y'  if  any 
business  concerning  the  estate  come  thence,  it  may  also  be 
considered ;  in  the  meane  time  it  is  left  w^'^  Newhaven  court 
to  receive  such  proofe  of  debts  demanded  as  is  brought  to  them, 
yt  so  a  finall  issue  (if  it  may  be)  may  be  putt  to  this  matter, 
the  17*^^1  day  of  October  next  at  one  a  clocke,  w^^  is  ye  time 
agreed  vpon  by  y^  court  to  meet  &  consider  of  this  matter,  as 
shall  be  declared  by  a  writeing  set  vp  at  the  meeting  house 
dore  at  Newhaven,  by  order  of  this  court  this  23th  of  May,  59. 


276  RECORDS   OP  THE  [1659 

William  Grave  being  warned  to  y^  court,  made  his  appear- 
ance, but  the  planteife      a      appeared  not  to  psecute. 

Edmund  Barnes,  a  marriner  &  Quaker,  beinge  found  ashore 
was  called  before  the  court  &  examined,  who  Ijeing  found 
weak  in  his  way,  &  it  not  beinge  proued  that  he  had  vented  ye 
Quakers  pnitious  tenents,  was  comitted  to  the  marshall  to  be 
carried  aboard,  &  he  warned  not  to  come  againe  ashore  w'^'^out 
license,  &  y^  marshall  ordered  to  serch  for  &  seize  any  Qua- 
kers books  he  should  finde,  &  bring  them  to  the  court.  It 
was  also  demanded  of  the  m"^  of  the  shipp,  wherefore  he 
brought  Quakers  amongst  vs  contrary  to  o^  law ;  hee  pleading 
ignorance,  &  promising  to  doe  his  endeavour  to  keep  him 
aboard  &  to  carry  him  out  of  the  jurisdiction,  was  not  further 
pceeded  against  at  this  time. 

Leiftenn'  Nash,  ^  ^      Leiftenn'   Nash,    Sargeant 

t\    I 


Gervase  Boi/kin,  \plant\  •  Boy  kin  <fe  James  Bishopp, 
James  Bishopp,  )  j      as  agents   intrusted  in  y^ 

Rich:  Baldwin,  defendC.  )  behalf  of  y^  estate  of  Sam- 
uell  Caffinch  deceased,  in  an  action  of  the  case  declared 
against  Richard  Baldwin  of  Milford,  concerning  a  gray  mare 
about  4  yeares  ould,  branded  on  y""  neare  shoulder  with  a  S, 
w^h  a  nach  on  y®  further  eare,  her  vsuall  walke  being  betweene 
Oyster  River  &  Walnut  tree  Hill,  or  the  parting  of  the  river, 
w**^  a  colt  belonging  to  her;  w'^h  mare  they  conceive  was 
taken  vp  by  Richard  Baldwin  &  somtime  detained  by  him,  & 
since  sent  out  of  the  jurisdiction,  &  yt  after  he  knew  they  laid 
claime  to  her  as  belonging  to  y^  estate  of  Samuell  Cafiinch. 

Mr.  Walker  in  y®  behalf  of  Richard  Baldwin  appeared  to 
answere  y®  sute.  Letters  of  attorney  authorising  both  plan- 
teifs  &  defend^  being  p^sented  were  approued,  but  M^  Walker 
declared  y*  he  had  no  order  concerning  the  colt,  only  what 
they  had  to  say  concerning  the  mare  he  would  answere  to ;  he 
was  told  yt  if  y^  mare  was  proued  theirs,  y*^  colt  belonging  to 
y®  mare  would  be  found  theirs  also. 

The  defend^  desired  to  know  y^grounds  wherevpon  they 
laid  claime  to  this  mare,  the  markes,  both  naturall  &  artifi- 
ciall,  spoken  of  by  y^  plantcifes,  being  the  same  as  theirs  hath, 
&  denied  y'  Rich:  Baldwin  had  any  foreknowledg  that  they 


1659]  JURISDICTION   OF   NEW   HAVEN.  277 

laid  claime  to  her  before  she  was  sent  out  of  the  jurisdiction, 
&  affirmed  y*  it  was  neuer  Ricli:  Baldwins  mare,  but  alwayes 
half  M''.  Pells,  &  j^  Rich.  Baldwin  was  not  the  principle 
[183]  agent,  but  M^  Pell,  &  that  Sargeant  Baldwin  ||  was 
only  imployd  by  M"".  Pell,  whose  the  mare  now  was,  &  further 
yt  y''  mare  was  not  fetched  vp  by  any  order  from  Richard 
Baldwin,  but  was  brought  vp  by  accident,  &  he  saw  not  but  if 
it  were  lawfull  for  them  to  take  her  vp  &  make  him  to  cleare 
his  title  in  this  jurisdicon,  but  y*  it  was  lawfull  for  M^  Pell 
to  put  them  to  cleare  their  title  in  another  jurisdiction,  & 
besides  he  knew  not  how  Sargeant  Baldwin  could  withold  her, 
being  the  mare  was  M^  Pells;  but  he  was  told  that  he  might 
have  gone  to  y®  magistrate,  &  acquainted  him  yt  the  mare  was 
claimed  by  another,  &  yt  shoe  ought  not  to  be  sent  away 
before  the  case  was  cleared. 

The  plaint',  further  declared  that  they  conceived  y®  case 
was  thus,  there  was  a  partible  stocke  betweene  M^.  Pell,  in  y^ 
behalf  of  Phillip  Scott,  &  Richard  Baldwin,  w^^  after  some 
time  came  to  be  devided,  &  y*  in  y^  devision  there  was  a  gray 
mare  spoken  of,  half  of  w^'i  mare  fell  to  M"".  Pell,  &  j^  other 
half  he  bought,  vr°^  mare  vpon  y^  first  sight  by  Edward  Camp 
was  to  be  accepted  by  M"".  Pell  as  deliuered,  w<^h  they  conceive 
was  the  mare  in  question,  &  being  delivered,  M^.  Pell  sould 
her  colt  to  John  Gibbs,  vpon  W^'^  occasion  John  Gibbs  being  at 
Pairfeild,  speaking  with  M"".  Pell,  he  told  him  y*  Rich:  Bald- 
win had  sent  to  him  to  fetch  the  mare  away,  for  others  laid 
claime  to  her,  but  M^  Pell  said,  if  it  were  theirs  in  Newhaven 
jurisdiction  it  would  be  theirs  there  also,  y"  substance  of  W^^ 
discourse  was  now  by  Jo  Gibbs  affirmed  in  court  to  be  so ;  for 
the  further  clearing  of  y^  case,  y^  plainteifs  further  declared, 
that  towards  y^  end  of  y«  last  winter,  they  imployed  Edward 
Camp  &  Edward  Dormer  to  looke  vp  the  mares  belonging  to 
y^  estate  of  Sam:  Caffinch,  what  past  betwixt  them  as  they 
went  they  desired  yt  they  might  declare,  vpon  w^h  Edward 
Campe  first  declared,  yt  before  this  time  Rich.  Baldwin  had 
desired  him  to  brmg  vp  such  a  gray  mare,  w^h  he  described,  & 
yt  hee  asked  him  if  he  knew  lier,  he  told  him  he  knew  such  a 
one,  but  whose  she  was  he  knew  not,  he  had  heard  y*  Samuell 


278  RECORDS  OP  THE  [1659 

Caffinch  had  such  a  one  but  he  knew  not  his  stocke,  &  y'  he 
told  him  that  he  expected  if  he  brought  her  vp  that  he  should 
be  paid  for  his  laboure  whether  it  were  his  or  not,  W^^  Richard 
Baldwin  said  hee  would  doe,  &  j^  if  it  were  his,  hee  would 
owne  her,  if  it  were  not  his,  he  would  turne  her  out  againe,  & 
y'  after  this  he  told  Leiftenn*  Nash  yt  he  was  desired  to  bring 
vp  such  a  mare  by  Rich:  Baldwin,  vpo  w*^^  Leiftenn*^  also 
desired  him  to  bringe  her  vp,  &  said  if  we  have  her  they  shall 
proue  it  theirs  before  we  let  her  goe  againe;  Edw.  Campe 
further  said  y'  after  he  had  scene  the  marke  o  ye  mares  shoul- 
der, he  told  John  Burrall  y'  it  differed  fro  Rich.  Baldwins,  to 
which  he  answered,  so  it  did  fro  Sam:  Cafifinches,  yt  might  be 
in  ye  setting  on,  vpon  y'-  he  told  Leiftenn'  y^  it  was  said  y^ 
their  brand  agrees  not  w'*'  y^  S.  vpon  the  mare,  to  w^h  he 
answered  that  they  had  two  S«:,  one  of  w^h,  when  he  had 
seene  at  Sargeant  Boykins,  he  found  it  did  agree  w^^  that  vpon 
the  mare,  w-^  being  found  &  driven  to  M"".  Whitmans  yard, 
Richard  Baldwin  owned  her,  afterwards  being  broke  out  or 
putt  out,  ye  stocke  came  to  be  divided,  &  half  this  gray  mare 
fell  to  M^  Pell,  who  bought  the  other  half,  who  was  to  accept 
her  as  delivered  at  his,  viz.,  Edward  Camps,  first  sight  of  her, 
afterwards  going  out  w^''  Edward  Dormer,  by  ye  appoyntment 
of  Leiftennt  Nash  &  Sargeant  Boykin,  to  looke  vp  ye  mares 
belonging  to  Samuell  Cafiinch,  as  they  went  along  in  ye  woods 
he,  not  knowing  them,  enquired  of  Edward  Dormer  what  ones 
they  were,  Edward  Dormer  told  him  y'  one  was  a  gray  mare 
about  4  yeare  old,  w^^  a  strait  S.  on  the  neare  shoulder, 
[184]  which  II  had  her  walke  betweene  Oyster  River  &  Wal- 
nuttree  Hill  or  thereabouts,  as  soone  as  he  heard  this,  he  told 
Edw:  Dormer  y'  this  was  ye  very  mare  w^^  Richard  Baldwin 
laid  claime  to,  w^'i  they  were  to  looke  vp  for  him.  Being 
come  neare  to  Oyster  River  they  parted,  Edward  Dormer  finde- 
ing  the  mare,  he  called  to  him  &  sd  heare  is  M^  Cafhnches 
mare,  to  whom  he  replied  that  this  was  y^  mare  y'  Rich:  Bald- 
win had  desired  him  to  bring  vp  for  him.  Edward  Dormer 
desired  him  to  help  him  to  bringe  her  to  Newhaven,  but  he 
refused,  &  told  him  y^  he  thought  it  not  faire  so  to  doe,  being 
hee  had  vndertaken  to  bring  her  vp  for  another ;  after  this  he 


1659]  JUEISDICTION   OF  NEW   HAVEN.  279 

coming  to  Newhaven,  he  told  Leiftenn*  Nash  what  had  past  & 
the  reason  why  hee  would  not  bring  her  home,  Leiftenn* 
desired  him  to  send  Rich  Baldwin  word  that  they  laid  claime 
to  this  mare  for  Sam:  Caffinch,  &  to  desire  him  y'  they  might 
have  a  sight  of  y  mare ;  accordingly  he  did  send  to  him  by 
Jo.  Burrall,  who  said  he  told  Richard  Baldwia  y^  Leiftenn* 
Nash  claimed  the  mare  for  Sam:  Caffinch ;  afterwards  hee  told 
Richard  Baldwin  at  Milford  y'  ye  mare  was  claimed,  how&  by 
whom,  &  yt  Edward  Dormer  had  given  such  descriptions  of 
the  mare  before  he  saw  her  y'  it  tooke  such  impression  vpon 
him  yt  he  thought  it  was  Sam:  Caffinches  mare,  &  y'  Edw. 
Dormer  would  take  his  oath  of  it,  &  yt  the  markes  did  agree 
with  another  of  his  w<=^  they  had  taken  vp,  &  that  he  told 
Richard  Baldwin  that  he  vnderstood  that  he  marked  on  y^ 
other  eare,  to  W^^  he  answered  yt  his  wife  by  mistake  did 
marke  it  on  y<^  wrong  eare  when  it  was  a  colt,  &  further  yt  he 
told  Rich:  Baldwin  y*  he  doubted  if  it  came  to  tryall  he  would 
be  cast,  though  it  were  his  mare,  because  this  did  agree  w'l' 
Ml".  Caffinches  booke;  he  furtlier  affirmed  that  Richard  Bald- 
win asked  him,  when  he  saw  y^  mare  last,  and  where  her 
walke  was,  but  said  nothmg  of  her  being  in  his  barne,  where 
afterwards  he  saw  her  at  y^  time.  It  was  further  said  yt  soone 
after  this  time  she  was  sent  away  out  of  the  jurisdictio ;  vnto 
w^^'i  the  defendt  replied  yt  he  might  well  make  this  enquiry 
after  her,  y'  so  he  might  be  y^  more  confirmed  that  this  mare 
was  his. 

The  plainteifs  further  alleadged,  the  business  haveing  thus 
far  proceeded,  y*  afterwards  two  of  them,  viz,  Leiftenn*  Nash 
&  Sargeant  Boykin,  went  ouer  to  Milford  &  debated  y  matter 
with  Rich:  Baldwin  about  this  mare ;  at  first  he  was  all  for  a 
legall  proceeding,  but  they  pressing  him  y'  it  might  be  ended 
in  a  way  of  loue,  at  last  he  came  to  this,  yt  he  would  come  to 
Newhaven  &  debate  y^  matter  before  y^  gouernour,  but  it 
seemes  he  fell  sicke  &  so  y^  agreem*  was  frustrated ;  after  this 
they  pcured  James  Bishopp  &  Edward  Dormer  to  goe  to  Faire- 
feild  to  see  the  mare,  who  veiwed  her  &  doe  judg,  as  they  will 
testifie,  that  they  ap^hend  it  to  be  y®  mare  belonging  to  ye 
estate  of  Sam.  Caffinch. 


280  RECORDS   OF  THE  [1659 

The  defendt  pleaded  that  they  could  not  give  in  yt  evidence 
as  otherwise  they  might,  being  M' .  Scott,  who  had  y^  principall 
knowledg  of  this  mare,  was  out  of  the  country ;  he  was  asked 
why  y^  mare  was  then  sent  away,  being  the  man  y*  knew  her 
best  was  at  such  a  distance,  but  withall  he  was  told  y*  y^  mare 
being  now  but  foure  yeare  old,  it  was  not  likely  y*  he  should 
have  such  knowledg  of  her,  he  haveing  been  absent  soe  long 
as  he  hath  been.  The  defendant  further  declared,  that  he 
thought  it  reasonable  j^  M"".  Pell  had  liberty  to  plead  in  y^ 
case,  being  y^  mare  is  his,  vnto  W^^^  Sargeant  Boykin  replied 
[185]  that  M^  Pell  beinge  ||  at  Newhaven,  he  told  him  that 
the  matter  was  to  be  heard  before  y^  gouernour,  &  asked  him 
if  he  would  be  p'"sent,  &  y*  M"".  Pell  said  no,  he  had  nothing  to 
doe  in  it,  he  had  y^  mare  of  Rich.  Baldwin. 

M^  Fenn  also  said,  when  he  gave  Richard  Baldwin  order 
to  be  heare,  he  heareing  yt  Mr.  Pell  was  in  towne,  he  sent 
two  messengers  to  him  to  desire  him  to  come  &  see  if  it  might 
be  issued,  but  M^  Pell  refused,  &  said  he  had  nothinge  to  doe 
with  it.  The  defendt  pi'sented  the  testimony  of  Michel  Tom- 
kin  &  John  Baldwin,  w'^h  ig  ag  folio weth, 

May-23th  1659.  Wee,  whose  names  are  under  written,  do 
testifie  y*  wee  heard  M^  Pell  say,  (at  Richard  Baldwins 
house,  the  20*^  of  this  moneth,  vpon  the  question  asked  him 
if  he  did  not  appoint  Richard  Baldwin  to  send  the  mare  to 
him,)  that  he  appointed  Rich :  Baldwin  to  send  her,  &  spake 
many  words  to  y^  same  purpose,  &  seemed  to  be  very  angry 
that  they  should  make  soe  much  trouble,  &  also  he  said,  why 
doe  they  not  sue  mee  as  well  as  you,  I  have  a  part  in  her,  if 
they  cast  you  I  have  two  leggs  still,  or  to  that  purpose,  also 
he  said,  hee  gave  Edward  Campe  5^  to  receive  the  mare,  &  y^ 
he  had  ordered  him  to  brandmarke  the  colt,  also  he  said,  he 
let  her  be  here  a  twelve  moneth,  yt  any  might  have  claimed 
her  if  they  could.  Michell  Tomkin. 

John  B  Baldwin. 

The  case  being  thus  far  heard,  the  plainteifes  desired  y*  for 
the  grounds  of  their  claime  to  y'^  mare  some  further  evidences 
might  be  taken  &  consided. 

First  Edward  Dormer  vpon  oath  testified  that  the  first  time 
he  knew  this  mare  was  when  it  was  a  colt,  sucking  on  a  dun 
mare  owned  by  M-".  Caffinch,  w^ii  colt  was  brought  home  & 


1659]  JUEISDICTION  OF   NEW   HAVEN.  ^81 

branded  before  it  was  a  yeare  old,  it  was  then  a  whitterish 
couler;  in  the  second  yeare  he  saw  it,  he  supposed  10  or  12 
times,  &  yt  yeare  he  brought  it  vp  to  W""  Gibbards  yard,  w<^^' 
Avas  then  turned  gray,  &  in  the  third  yeare  he  saw  it  pretty 
oft  in  her  vsuatl  walke  betweene  the  Oyster  River  &  j^  part- 
ing of  the  river,  w^ii  is  the  mare  y*  James  Bishopp  &  hee  saw 
at  Fairefeild. 

James  Bishopp  vpon  oath  also  testified  that  they  had  an  acc° 
of  atl  y'^  horses  &  mares  left  by  M"".  Caffinch,  in  writeing,  y^ 
naturall  markes,  brand  markes  &  eare-marks,  &  y^  markes  of 
this  mare  doe  answere  it,  that  was  a  whitterish  couler  when  it 
was  younge,  afterwards  turned  to  a  white  gray,  he  said  he 
conceived  he  was  at  the  markinge  of  it,  &  yt  y^  mare  when 
she  was  about  two  yeare  old  he  saw  in  William  Gibbards  yard, 
where  he  observed  y*"  S  was  defective,  she  was  now  a  white 
gray,  &  it  was  then  said  y*  it  was  Mr,  Caffinches,  y""  next 
spring  he  saw  this  mare  betweene  Oyster  River  &  Milford 
necke,  &  yt  to  y^  best  of  his  knowledg  or  vnderstanding  it  is 
the  mare  w^^  they  now  saw  at  Fairefeild,  w^^'  is  now  in  ques- 
tion. 

Edward  Campe  also  testified  vpon  oath,  that  being  desired 
to  goe  out  w^i'  Edward  Dormer  to  looke  vp  M^.  Caffinches 
mares,  he  not  knowing  them,  he  desired  of  Edward  Dormer 
to  know  what  mares  they  were,  &  y*  Edward  Dormer  told 
him  yt  for  y®  most  part  between  Oyster  River  &  y''  partinge  of 
the  river  there  was  one  of  them,  w^^  he  described  to  be  a 
light  gray,  with  a  long  strait  S  on  ye  shoulder,  vpon  w^''  he 
told  him  that  y*  was  y''  mare  claimed  by  Rich :  Baldwin  to  be 
his,  to  w^h  Edw:  replied,  it  is  M"".  Caffinch  his  mare,  &  p 
coming  neare  Oyster  River  they  parted,  Edward  Dormer 
findeing  y®  mare,  he  called  to  him  &  sd,  here  is  M^  Caffinches 
mare,  &  y'  he  told  him  yt  it  was  y*  w^^^  was  claimed  by  Richard 
[186]  Baldwin  &  y*  he  further  said  ||  to  him  yt  he  thought  it 
not  faire  to  drive  her  to  Newhaven,  being  he  had  vndertaken 
to  bring  her  vp  for  Richard  Baldwin,  &  y'  when  they  came 
home,  he  told  Leiftenn'  Nash,  &  y«  reason  why  they  brought 
her  not  home,  because  he  had  vndertaken  to  bring  her  vp  for 
Rich.  Baldwin,  &  yt  Leiftenn*  desired  him  to  send  Rich.  Bald- 
36 


282  RECORDS  OP  THE  [1659 

win  word,  w^  he  did  by  Joliii  Burrall,  &  that  afterwards  he 
-told  Rich:  Baldwin  at  Milford  how,  &  by  whom,  she  was 
owned,  &  yt  Edw:  Dormer  had  given  sucli  a  description  of 
her  y*^  it  tooke  sncli  imp^sion  on  him  what  he  said  y'  he  did 
tliinke  it  was  Mr.  Caffinches;  and  further  y'  he  told  Sar- 
geant  Baldwin,  that  he  thought  yt  Edward  Dormer  would 
take  his  oath  yt  it  was  their  mare,  &  y^  we  had  taken  vp  a 
bay  mare  of  his,  whose  eare  marke  &  brand  marke  doth 
agree  w^^  this,  and  y^  he  vnderstood  that  his  eare  marke  did 
not  agree  with  this,  to  which  he  answered  y'  his  wife  by  mis- 
take did  marke  her  vpon  y«  wrong  eare,  wherevpon  he  told 
him  yt  if  it  come  to  tryall,  he  doubted  he  would  be  cast, 
though  it  were  his  mare,  &  y'  at  y*  time  Richard  Baldwin 
questioned  with  him  about  the  mare,  &  asked  where  he  saw 
her  last,  &  y*  he  told  him  at  Oyster  River  hee  saw  her,  but 
Richard  Baldwin  said  nothing  of  her  being  in  his  barne, 
where  anon  after  he  saw  her. 

John  Burrall  vpon  oath  testified,  that  when  he  brought  y^ 
mare  to  M^.  Whitmans  yard,  he  told  Richard  Baldwin  y'  he 
had  brought  vp  y<=  mare,  vpon  y*  Rich.  Baldwin  came,  & 
w^h  him  he  thinketh  Daniell  Mun,  at  w^^  time  he  owned  her 
to  be  his,  and  yt  after  Edward  Campe  had  spoken  w^^^^  Leif- 
tenn*  Nash  about  the  mare  Edw :  Dormer  &  he  saw  at  Oyster 
River,  &  Leiftenn*  had  desired  him  to  send  Rich  Baldwin 
word  that  they  owned  her,  Edward  Campe  spake  to  him  to 
tell  Rich.  Baldwin  so,  &  he  did  tell  Rich.  Baldwin  soe,  but 
whether  he  did  deliuer  it  as  a  message  from  them  he  remem- 
bers not,  but  tell  him  he  did,  &  this  was  long  before  goodman 
Campes  speech  with  Sargeant  Baldwin  at  Milford. 

The  Court  told  the  defend^  that  he  had  heard  y^  testimonyes 
given  in  by  y^  witnesses  for  the  plainteifs  to  proue  this  mare 
to  be  theirs,  he  had  his  liberty  to  produce  what  testimony  he 
had  to  proue  her  to  be  his. 

Vnto  W^i'  he  answered  y^  he  had  not  time  to  gather  vp  ye 
testimonies  y'  might  be  given  in  in  y^  case,  haveing  but  one 
entire  day  betweene  his  warning  &  y^  time  sett  for  his  ap- 
pearance, he  therefore  desired  yt  there  might  be  a  demur,  y^ 
they  might  come  better  furnished ;  to  w^^  y^  plainteifs  replied 


1659]  JURISDICTION   OF  NEW   HAVEN.  283 

yt  it  was  agreed  betweene  Rich.  Baldwin  and  themselves  a 
weeke  before,  that  they  should  meet  together  at  y^  gouernours 
about  this  question,  therefore  he  had  occasion  sufficient  given 
him  to  have  his  witnesses  in  readiness,  wherefore  they  judged 
it  not  reasonable,  y*  they  should  be  hindered  y^  they  might 
not  have  iustice  in  the  case  by  such  p''tences.  The  defend^ 
was  asked  what  security  he  could  give,  (if  a  respitt  were 
granted,)  yt  ye  mare  should  be  brought  againe  into  y^  juris- 
[187]  diction  for  a  legall  triall,  or  whether  hee  ||  would  not 
rather  submitt  the  case  to  triall  at  this  time,  there  haveing 
been  as  did  appeare  sufficient  time  for  y^  procureing  of  any 
that  might  give  testimony  in  y°  caae ;  vnto  w°h  y^  defendt 
answered,  for  security  he  could  give  in  non,  &  wti>all  he  de- 
clared that  he  had  nothing  against  a  pi'sent  issue  now  at  this 
time,  only  he  feared  it  might  occasion  another  sute,  but 
desired  y*  if  the  mare  was  found  to  be  theirs  yt  he  might  have 
allowance  for  fetching  her  vp  &  other  charges  about  her  ;  vnto 
-^ch  ye  plainteifs  replied  y*  it  was  an  injury  to  them  y*  she  was 
fetched  vp,  &  y'  it  had  beene  better  she  had  beene  let  alone  in 
her  walke  in  ye  woods,  where  she  was  in  good  case,  &  desired 
yt  it  might  be  considered  as  a  publique  disorder,  &  y*  some 
penalty  might  be  laid  on  y''  partie  offending,  to  deterr  others 
from  such  courses,  we  having  a  law  established  yt  no  horses 
or  mares  be  sent  out  of  y'^  jurisdiction  vnles  they  be  recorded ; 
vnto  w^'»  the  defendt  answered  y*  she  was  soiild  &  delivered  a 
yeare  before  the  law  was  made  &  y^  he  knew  not  but  that  she  was 
recorded,  Sargeant  Baldwin  himself  being  the  man  appointed 
by  y®  towne  to  y^  service ;  he  was  told  y*  she  was  sent  out  of 
the  jurisdiction  since  the  law  was  in  force,  &  y*  it  doth  ap- 
peare she  is  not  recorded,  as  James  Bishopp  now  affirmed  yt 
M"".  Fen  asking  Rich.  Baldwin  whether  or  noe  this  mare  was 
recorded,  he  answered  he  could  not  finde  that  she  was,  but 
he  found  a  horse  of  the  same  age  recorded,  w^^h  the  plainteifs 
desired  might  be  considered. 

James  Bishopp  further  said,  y*  he  conceived  that  y^  words  of 
Rich :  Baldwins  wife  would  cast  the  case,  for  when  he  told 
her  yt  this  mares  vsuall  walke  was  about  Oyster  River,  she 
answered  that  she  then  doubted  it  was  not  theirs. 


284  RECORDS   OF   THE  [1659 

The  plainteifs  desired  yt  they  might  be  allowed  by  y«  de- 
fendt  y^  charges  they  have  beene  at  in  y®  prosecution  of  this 
business  by  his  default,  W^  they  gave  in  writeing,  amounting 
to  3ii  17^ 

The  Court  haveing  heard  &  considered  the  case,  an  issue 
being  desired,  both  by  plainteifs  &  defendt,  by  way  of  sentence 
it  was  declared,  that  according  to  y^  euidence  given  in,  it  doth 
appeare  that  y®  mare  &  colt  in  question  doth  belonge  to  y** 
estate  of  Sam:  Caffinch,  w^''  y*"  court  orders  Eichard  Bald- 
win either  to  returne  in  kinde,  or  pay  for  y^  mare  14i'  &  for 
y®  colt  10''  to  y^  plainteifes  in  y^  behalf  of  y*^  estate,  w'^  S'' 
10^  for  charges,  (&  S''  as  a  fine  to  the  jurisdiction  for  his 
irregular  act  in  so  sending  y^  mare  out  of  y*"  jurisdiction,) 
betweene  this  &  y^  court  of  magistrates  in  October  next,  w<=h 
sentence  M^  Walker  engaged  to  answere,  only  he  reserved 
liberty  of  reveiw  or  appeale  as  they  shall  see  cause. 

Hen:  Tomlinson  came  to  y^  court  &  declared,  yt  when  y^ 
business  concerning  him,  about  y^  customes  &  excise  of  wine 
&  liquours,  was  vnder  consideration  by  y®  court,  it  was  found 
vpon  y^  account  y'  he  had  not  paid  for  5  hogsheads  of  wine, 
he  also  added  y*^  when  he  made  vp  y^  acc°  w^h  Ensigne  Bryan 
there  was  12''  paid,  &  y'  he  had  divers  times  desired  to  know 
from  him  what  more  was  dew,  but  he  sometimes  told  him  he 
could  not  attend  it,  at  other  times  he  could  not  finde  it,  &  at 
last  he  told  him  y'  it  was  M  to  M"".  Fenn  &  M^  Fenn  had 
delivered  it  to  the  secretary  or  gouernour,  he  further  sd  yt  he 
was  fined  for  yt  w'^''  came  in  vpon  a  falce  account ;  he  was  told 
yt  he  had  full  liberty  y^  last  yeare  to  object  what  he  could,  & 
to  discount  almost  what  he  would,  (so  far  as  o''  law  would 
pmitt,)  so  yt  y®  court  shewed  him  a  great  deale  of  favour,  for 
he  was  charged  with  a  great  delinquency,  aboue  what  his  pun- 
[188]  ishm*  was  ;  he  confessed  he  had  favour  &  thanked  ||  the 
court  for  it,  but  said  still  y*  it  came  in  vpon  a  falce  account. 
He  was  asked  what  he  intended  in  his  speech,  he  said  it  was  to 
shew  y'  he  had  vsed  endeavours  to  finde  out  his  duty  &  y*  he  had 
beene  hindered  by  Ensigne  Bryali  fro  attending  his  duty  vntill 
punishmt  came  vpon  him,  vnto  W^h  Ensigne  Bryan  answered 
yt  it  was  long  since,  <fe  y'  it  had  beene  well  he  had  had  time  to 


1659]  JURISDICTION   OP  NEW  HAVEN.  286 

have  pt'pared  himself  to  aiiswere  what  is  now  objected  against 
him,  but  he  knowes  not  y*  euer  he  denyed  to  shew  Hen :  Tom- 
linson  y®  account,  nor  y*  he  said  he  could  not  finde  it,  for  he 
entered  those  accounts  in  a  booke  wh  he  had  for  that  purpose. 

The  names  of  John  Corey,  John  Swasey,  M^.  John  Booth, 
Joseph  Youngs  sen.,  Thomas  Rider,  Edward  Petty,  Tho. 
More  junior,  all  of  Southold,  being  returned  to  y®  court  for 
refusing  to  take  the  oath  of  fidelity,  Jo.  Corey,  being  p'sent, 
was  called  &  asked  wherefore  he  refused  to  take  the  said  oath, 
to  which  he  answered,  that  he  had  tendered  to  take  oath  that 
he  would  be  no  traito"*  nor  conceale  any  treachery,  but  further 
he  could  not  goe,  as  to  binde  himself  to  the  obedience  of  such 
lawes  as  are  yet  to  be  made  ;  to  w^^  the  court  replied,  that  he 
had  beene  forborne  some  yeares,  but  the  thing  must  not  be 
borne  w^h  in  any  that  live  in  y^  jurisdiction  to  psist  therein, 
for  ye  oath  is  safe,  and  not  intended  for  a  snare  to  any,  for  it 
is  onely  y^  wholesom  lawes,  made  or  to  be  made,  that  they 
are  required  to  engage  to  submitt  to  ;  he  was  told  if  the  oath 
were  put  in  these  words,  that  he  should  be  subject  to  the 
scripture  ,  if  psecutors  should  arise  &  say  this  is  the  meaning 
of  such  or  such  a  scripture,  (w^^^  is  not,)  &  punish  him  for 
not  obeying,  that  touches  not  his  conscience ;  he  was  asked  if 
he  had  any  other  meanes  in  view  yt  he  might  vse  for  his  satis- 
faction, he  said  no ;  it  was  demanded  if  he  would  take  y^  oath, 
but  he  refused,  whereupon  y^  court  declared,  that  there  are 
others  of  Southold  whose  names  are  also  returned,  &  yt  al- 
though ye  court  might  proceed  with  him  at  this  time,  yet  they 
would  leave  it  till  the  court  in  October  next,  at  w^h  time  he 
with  the  rest  are  required  to  make  their  appearance,  if  in  ye 
meane  time  they  take  not  the  said  oath  &  certify  it  to  the 
court. 

An  inventory  of  the  estate  of  M^.  Stej^hen  Goodyeare,  de- 
ceased, was  pi'sented,  proued  (in  court  at  Newhaven,  the  4th 
of  January  1658,)  vpon  oath  by  M^^  ^  Goodyeare,  ye 
widdow  of  ye  deceased,  to  containe  the  whole  estate  of  M"". 
Goodyeare  to  ye  best  of  her  knowledg,  amounting  to  8041' 
09s  10^,  besides  a  part  in  ye  iron  worke  vnapprized,  w^^  some 
debts  at  ye  Barbadoes  &  els  where,  not  knowne  how  much,  & 


286  RECORDS  OF  THE  [1659 

some  pipestaves  yet  to  be  apprised  ;  W^^^  inventory  was  taken 
the  15th  of  October  1658,  attested  vpon  oath  by  Leiftenn* 
Nash,  Will:  Davis,  Hen:  Lindon  &  Tho.  Monson,  p  y^  ap- 
prizment  was  iust,  according  to  their  best  light. 

The  last  will  &  testament  of  Tho.  Nash,  late  of  Newhaven 
deceased,  was  p^sented,  made  the  first  day  of  August,  1657, 
proued  in  court  at  Newhaven  y^  T^h  of  December  1658,  wit- 
nessed vpon  oath  by  M"".  Mathew  Gilbert  &  M^.  John  Wake- 
man  to  be  ye  last  will  &  testament  of  y«  deceased  according 
to  their  best  knowledg. 

Also  an  inventory  of  y«  estate  of  Tho.  Nash  was  p'sented, 
amounting  to  110^*.  16^  06^,  attested  vpon  oath  to  containe 
[189]  ye  whole  estate  of  y^  deceased  by  Timothy  Nash  ||  to 
the  best  of  his  knowledg,  &  yt  the  apprizem'  was  iust,  accord- 
ing to  their  best  light,  was  attested  vpon  oath  by  M"".  Jo. 
Wakeman  &  James  Bishopp. 

The  last  will  &  testament  of  Tho:  Buckingham,  late  of  Mil- 
ford  deceased,  was  presented,  made  the  19th  of  September, 
165T,  subscribed  by  M^  William  Leet,  &  by  him  witnessed  to 
be  y^  will  &  mind  of  the  deceased. 

Also  an  inventory  of  the  estate  of  Tho:  Buckingham,  was 
pi'sented,  attested  vpon  oath  before  y^  court  at  Milford  by  Ann 
Buckingham,  y^  widdow  of  the  deceased,  y*  it  was  a  true 
inventory  of  all  y^  estate  &  goods  of  her  late  husband  to  y^ 
best  of  her  knowledg,  w^^  amounted  to  4841'  3^  S'^.  Robert 
Treat  &  John  Flecher,  the  apprizers,  vpon  oath  affirmed  yt  ye 
apprizem*^  was  iust,  according  to  their  light. 

The  inventory  of  the  estate  of  Rich:  Hughes  deceased,  was 
p^sented,  amounting  to  96i'  4^  1^,  proued  vpon  oath  in  court 
at  Guilford,  the  5th  of  May,  59,  by  Willm.  Stone  &  Mary  ye 
late  wife  of  Rich:  Hughes  &  now  Wn^  Stones  wife,  for  ye  quan- 
tity, &  by  ye  oath  of  Robt  Kitchell  and  W^  Dudley  for  ye 
vallew,  also  administration  was  then  granted  to  ye  said  W"" 
Stone,  vpon  promise  &  engagem^  to  pforme  ye  payment  of  all 
debts  &  portions  according  to  ye  courts  appointment. 

Joseph  Alsupp,  attorney  for  Robert  Gray  of  Salem,  in  an 
action  of  debt  declared  against  M^  John  Wakeman  for  20' ■, 
according  to  a  sentence  of  the  court  at  Newhaven  the  6th  of 


1659]  JURISDICTION   OP  NEW  HAVEN.  287 

the  ll'h  moneth,  1656,  w^h  iust  damages  since  that  time  for 
the  no  payment  thereof;  the  pceedings  of  Newhaven  court  at 
that  time  was  now  read,  whereby  it  appeared  that  20^'  of  the 
estate  of  M''.  Roberts  in  the  hands  of  M"".  Wakeman  was  con- 
demned, w<=ii  some  of  201'  the  plaint',  said  he  demanded  of  M"". 
Wakeman,  who  told  him  that  he  should  have  it,  but  it  not 
being  done  he  demanded  it  againe,  &  he  then  told  him  that 
he  would  speake  to  M^".  Goodyeare,  who  had  of  M"".  Roberts 
his  estate  in  his  hand,  that  he  should  pay  him,  but  M"".  Good- 
yeare not  makeing  paym',  he  demanded  it  of  M^.  Wakeman  a 
third  time  but  could  not  obtaine  it,  after  M^,  Goodyeare  was 
gone  for  England  he  demanded  it  againe,  &  M'.  Wakemans 
answere  then  was,  that  the  estate  of  M"".  Roberts  was  in  M^. 
Goodyeares  hand,  but  as  for  himself,  he  would  not  pay  it,  vpon 
that  he  desired  &  the  court  granted  execution  against  the 
estate  of  M'".  Roberts  in  the  hands  of  M^  Wakeman,  w^''  exe- 
cution was  served,  but  no  estate  could  be  found,  he  therefore 
desired  the  iustice  of  the  court  against  M^  Wakeman  in  this 
case. 

Vnto  w°fa  M"".  Wakeman  now  answered,  that  what  is 
alleadged  by  the  plaint',  he  doth  acknowledg  in  part,  &  sd  that 
he  was  present  when  the  court  gave  sentence  in  the  case,  & 
that  they  both  (as  soone  as  the  court  vv^as  ended)  spake  vr^^ 
M"".  Goodyeare  about  the  paym*  of  it,  &  M"".  Goodyeare  then 
promised  to  pay  it,  &  he  ap^hended  that  Joseph  Alsupp 
accepted  it,  &  pay  was  tendered  in  beife,  &  in  so  doing  he 
conceived  he  had  attended  the  court  order  in  this  matter. 

The  plaint',  granted  that  pay  was  tendered,  but  it  was  in 
[190]  stinking  beife  ||  w<=h  was  no  way  merchantable,  but 
denied  that  he  euer  accepted  M"".  Goodyeare  so  as  to  release 
the  defendt.,  w^  if  he  had  done  M^  Wakeman  would  have 
called  for  a  discharge,  w^h  he  neuer  did. 

The  Court  demanded  in  whose  hand  the  estate  of  M''.  Rob- 
erts was  left,  to  w^h  it  was  answered  that  the  trust  was  left 
-^th  jyjr,  Wakema  &  M''.  Ling,  but  M^.  Ling  being  gone,  the 
sole  power  was  w^h  M"".  Wakema,  &  y'  non  could  interpose 
but  by  his  order,  both  w^^  M^  Wakeman  granted,  but  w^hall 


288  RECOEDS  OP  THE  [1659 

said  that  the  sentence  was  against  y^  estate  of  M^  Roberts  in 
his  hand,  but  he  had  no  of  the  estate  in  his  hand. 

To  w<=h  it  was  answered,  if  it  were  in  his  power  as  it  appeares 
ye  sole  power  of  that  estate  was  w''^  him,  it  may  then  be  said 
that  ye  estate  was  in  his  hand,  &  he  objected  not  against  it 
when  y*^  sentence  was  past,  W^'^  had  he  done,  it  might  have 
beene  considered,  but  as  it  is,  what  reason  can  be  given  why 
he  should  not  be  responsible,  being  he  let  the  man  goe  before 
the  debt  was  paid,  in  whose  hand  he  saith  y^  estate  was. 

To  W^^  M^  Wakeman  answered  that  y^  debt  was  due  from 
M'.  Roberts,  &  not  from  himself,  &  that  he  had  no  of  the 
estate  in  his  hand,  &  yt  M^  Goodyeares  pay  was  tendered,  & 
Joseph  Alsupp  neuer  said  that  he  would  not  accept  of  M^. 
Goodyeare  for  his  paym^  whilest  M"".  Goodyeare  was  here,  but 
now  Mr.  Goodyeare  being  dead  he  comes  vpon  him  for  it,  w^^ 
might  have  beene  paid  had  not  Joseph  Alsupp  neglected  it,  & 
he  findeth  that  among  other  accounts  M"".  Goodyeare  gives  it 
in  as  paid. 

Vnto  w«=ii  the  plaint',  replied  that  it  was  out  of  tenderness 
to  M"".  Wakeman  y*  he  forbore  it  so  long,  &  y*  he  vnderstands 
that  though  his  name  be  in  M^  Goodyeare  booke,  yet  there  is 
no  some,  but  it  is  left  a  blanke,  but  paid  by  M"".  Goodyeare  he 
was  not. 

The  Court  told  M^.  Wakeman  that  it  is  beleeued  that  he 
had  spoken  to  M".  Goodyeare  to  pay  it,  but  the  thing  is  not 
done,  &  now  Joseph  Alsupp  came  vpon  him  by  law  for  the 
debt,  &  it  is  not  proued  that  M^  Goodyeare  was  accepted  by 
Joseph  Alsupp,  who  denyes  it,  &  that  he  onely  haveing  the 
power  of  y*^  estate,  &  Joseph  Alsupp  haveing  noe  power  to 
require  it  of  M''.  Goodyeare  by  law,  it  seemes  that  it  is  by  his 
meanes  that  he  suffers,  &  they  were  both  told  that  p'"sumption 
&  forbearance  hath  done  wrong  in  this  busines,  but  being  it 
was  like  to  fall  on  M^.  Wakeman  to  pay  it  out  of  his  owne 
estate,  it  was  propounded  to  the  plaint',  whether  he  had  not 
power  to  compremise  the  busine^se,  that  it  might  not  fall  so 
heavy,  vnto  w^h  he  answered  y*  Ir^  could  not  doe  that,  being  it 
concern'd  an  absent  man,  but  desired  the  iustice  of  the  court. 
The  Court  haveing  heard  the  case  thus  p^sented  both  by 


1659]  JUKISDICTION   OP  NEW   HAVEN.  289 

plaint'.  &  defendt.  declared  that  the  sentence  of  Newhaven 
court,  w-ii  M"".  Wakeman  heard  &  owned,  should  have  beene 
a  obligation  vnto  him  to  see  the  estate  forthcoming  for  the 
payment  of  the  debt  demanded,  who  had  y^  sole  power  of  that 
[191]  estate  ||  deuoliied  vpon  him,  &  did  the  therefore  order, 
yt  Mr,  Wakeman  shall  pay  to  Joseph  Alsiipp  20i'  for  the  vse 
of  Robert  Gray  of  Salem,  but  the  damages  demanded,  w^^  the 
charges  of  y^  court,  to  be  borne  by  the  plaint',  who  hath  not 
seasonably  psecuted  in  this  busines,  &  thereby  occaisioned 
loss  to  y«  defendt. 

Tho:  Staples,  plainteife,  )  The  plaint'  in  an  action  of 

Deliverance  Lamberto,  defendt.  \  debt  to  the  vallew  of  80'', 
declared  agt^  the  defendt,  but  after  sundry  allegations,  pleas, 
answeres  &  replies,  w^h  seuerall  testimony es  given  in  the  case, 
the  plainteife  withdrew  his  action. 

The  busines  depending  the  last  court  concerning  John  Bald- 
win &  Bethiah  Hawes  was  now  called  vpon,  &  John  Baldwin 
was  told  yt  it  was  supposed  that  he  remembered  what  past  the 
last  court  concerning  them,  he  was  asked  whether  he  had  any 
thing  to  say  in  acknowledgm^  of  his  evill. 

To  Wh  he  answered,  that  what  was  charged  vpon  him  by 
Bethiah  was  falce ;  he  was  warned  not  to  add  sin  to  sin  by 
further  denialls  if  he  were  guilty  of  what  was  charged  vpon 
him  by  Bethiah,  who  hath  said  it,&  it  is  like  would  say  it  againe, 
&  there  are  leading  circomstances  that  looke  y*  way ;  but  he 
said  he  was  not  guilty  of  what  was  charged  by  her. 

Bethiah  was  asked  what  she  now  said  to  what  she  had 
charged  vpon  John  Baldwin,  who  was  also  warned  not  to  add 
sin  to  sinne,  but  if  she  had  falcely  charged  him,  that  she  would 
now  retract  it.  Bethiah  answered  that  she  could  say  noe 
other  then  what  she  had  said  concerning  him.  The  deposition 
of  Samuell  Burrall  &  Joseph  Hakins  was  p^'sented  &  read,  who 
both  testify,  that  in  y^  winter  season  they  did  see  John  Bald- 
win come  in  at  M^  Whitmans  house  in  the  evening,  <fe  then 
Bethiah  Hawes  <fe  he  went  out  together  &  stayed  some  space 
of  time  together  &,  they  came  in  together  into  the  house,  & 
further  sayeth  not. 

John  Baldwin  was  told  that  it  seemes  they  come  together  & 
37 


290  RECORDS  OF  THE  [1659 

go  together  at  vnseasonable  times,  as  the  adultress  y*  Sollo- 
mon  sayes  walkes  in  the  twilight;  to  -W^^  John  Baldwin 
answered  y^  he  went  to  borrow  a  horse,  but  was  told  that  they 
two  went  out  together  &  stayd  some  space  of  time  together, 
though  the  borrowing  of  a  horse  be  pi'tended. 

Alsoe  the  testimony  of  M^s,  Tapp  &  M^'s.  Whitman  was  read 
as  followeth,  who  both  testify  that  when  they  were  at  Bethiah 
Hawes  laboure,  they  heard  Bethiah  say  that  John  Baldwin 
had  ye  vse  of  her  three  times,  one  time  at  the  stable  end,  & 
twice  against  the  railes ;  further  they  say  that  she  said  he  tore 
her  coat,  &  he  said  if  shee  would  bring  it  to  him  he  would 
mend  it  againe. 

To  explaine  M".  Tappes  testimony,  M.^.  Fenn  said  y' 
Bethiah  was  delivered  before  she  came;  M"".  Fenn  also  desired 
[192]  that  ye  examinatio  ||  of  Bethiah  might  be  read,  w^h  was 
read,  &  therein  it  appeared  that  shee  denyed  familiarity  w^^ 
him  any  more  times  then  one.  Bethiah  was  asked  why  she 
then  said  it  was  but  once,  to  w*'^  shee  answered  that  she  so 
spake  to  make  her  fault  appeare  y^  less ;  she  was  asked  why 
she  hath  since  said  it  was  3  times,  she  said  because  she  was 
prest  to  it ;  she  was  asked  how  long  it  was  between  the  times, 
shee  said  she  could  not  tell ;  she  was  asked  if  it  was  euer  after 
Aprill,  shee  said  no ;  if  it  was  before  March,  she  said  yea. 

John  Baldwin  was  told  that  neither  now  nor  before  hath  hee 
shewed  that  sorrow  for  what  is  proued  &  confessed  as  he  ought ; 
it  hath  appeared  that  he  hath  been  with  her  at  vnseasonable 
times  &  that  there  carriages  together  hath  beene  vnsattisfying, 
w<=J»  calleth  for  more  sorrow  then  he  expresseth  before  the 
court,  but  the  common  fame  sayes  that  he  carryes  it  with  a 
jolly  frame,  w^'i  rather-  encreaseth  then  lesseneth  the  suspition. 

The  Court  declared  that  they  had  heard  w^h  greife  what 
hath  appeared  in  this  matter,  &  although  y^  maine  thing 
charged  be  not  proued,  yet  for  the  things  witnessed  against  him 
and  confessed  by  him  they  did  now  order,  that  John  Baldwin 
pay  as  a  fine  to  the  jurisdiction  40%  withall  leaveing  roome  for 
further  pceedings  as  further  discoueries  may  be  made ;  and  for 
Bethiah,  they  looke  vpon  her  as  a  loose,  vaine  wench,  who 


1659]  JURISDICTION   OP  NEW   HAVEN.  291 

ceriiing  her  was  that  she  be  seuerely  whipped,  so  as  may  sute 
her  sex,  W^'^  is  to  be  done  at  Milford,  that  it  may  be  a  warning 
to  any  that  have  had  sinful!  familiarity  w'*>  her. 

Arthur  Smith  of  Southold,  being  sent  ouer  to  answere  for 
seuerall  great  &  gross  miscarriages,  was  called,  of  whom  it 
was  demanded  how  he  came  to  be  corrupted  w^^  ye  opinions 
of  the  Quakers,  to  W^  he  answered  that  he  knew  not  that  he 
was  corrupted.  But  that  he  was  both  a  corrupted  man  &  a 
corrupting  man,  what  was  sent  in  writeing  from  Southold  & 
therein  witnessed  against  him  was  read,  w'^  is  as  followeth, 

Joseph  Horton,  junio"^;  this  deponent  saith  that  Arthur 
Smith  affirmed  thatif  men  would  attend  to  that  light  is  within 
them,  it  would  lead  or  bring  them  to  heaven.  2,  hee  affirmed 
that  there  was  no  divell,  either  before  or  in  Adams  time.  3,  he 
affirmed  that  either  infants  had  no  sin,  or  were  charged  with 
noe  sin  till  they  sinned  actually.  4,  he  affirmed  that  he  had 
no  gouerno''  nor  teacher  but  God,  &  further  this  deponent 
saith  not. 

Tho:  Mapes ;  this  deponent  saith  tliat  Arthur  Smith  affirmed 
that  he  had  no  gouerno'"  or  teacher  but  God,  &  that  mens 
lawes  were  corrupt,  also  he  affirmed  that  the  7  churches  in 
Asia  were  the  7  vialls,  &  that  there  was  no  such  thing  as  7 
churches  in  Asia;  lastly  this  deponent  saith  that  haveing 
[193]  demanded  of  ||  Arthur  why  y^  Quakers  gazed  or  stared 
so  in  the  faces  of  men  &  women,  he  answered  him,  that  by 
looking  on  men  they  could  tell  whether  they  had  the  marke 
of  the  beast  to  be  seen  in  their  forehead  &  right  hand,  or  no, 
&  that  hee  himself  could  tell  or  discern  it,  but  as  for  people 
themselues,  they  could  not  tell,  &  further  saith  not. 

Charles  Glouer;  this  deponent  saith  that  Arthur  Smith 
affirmed  in  his  hearing  that  the  churches  &  the  7  vialls  were 
all  one,  and  further  affirmed,  saying  he  whom  you  call  your 
minister  or  teacher  knoweth  no  more  what  they  be  then  this 
child,  poynting  to  one  of  his  children,  and  affirmed  that  there 
was  neuer  any  such  chvirchs ;  moreouer  he  affirmed  that  he 
was  not  to  submitt  to  mens  lawes ;  to  who  this  deponent  replied 
that  he  must  be  subject  to  gouerm'  in  what  part  of  the  world 
soeuer  he  lived,  &,  advised  him  to  take  heed  how  he  spake 
against  gouerm*  &  pceeded  in  these  wayes,  lest  he  brought 
himself  &  family  to  misery,  his  answere  was,  what  have  I  to 
doe  wti>  that. 

Philemon  Vicarson;  this  deponent  saith  that  while  he 
opposed  Arthur  in  his  nullifying  of  magistracy  &  ministry, 


292  RECORDS  OF  THE  [1659 

alleadging  y*  text,  Eplie.  4,  When  Christ  ascended  on  high  he 
gave  gifts  to  men,  Arthur  replied,  that  though  there  were  gifts 
given  to  men,  yet  no  power,  &  that  this  power  men  take  to 
themselues  &  it  is  vsurped  power;  further,  Arthur  sd  that 
their  teacher  was  non  of  his  teacher ;  and  vpon  further  reason- 
ing affirmed  that  children  had  no  sin  till  they  had  acted  the 
same  in  their  owne  psons ;  o""  constable  Barnabas  Horton  was 
p^'sent  &  heard  this  discourse.  Many  other  things  at  this  time 
and  at  other  he  hath  heard  Arthur  declare  &  speake  to  his 
greife,  but  he  hath  let  slipp  many  of  them,  &  further  this 
deponent  saith  not. 

Barnabas  Winds,  junior ;  this  deponent  saith  that  Arthur 
Smith  affirmed  in  his  hearing  that  the  three  freinds  of  Job  w^h 
came  to  vissit  him,  were  the  three  persons  in  the  Trinity,  & 
further  this  deponent  saith  not. 

May  the  19ti>,  1659.  These  men  deposed  before  mee, 

Barnabas  Horton. 

Arthur  Smith  being  examined  &  required  to  give  answere 
to  the  seuerall  pticulers  before  mentioned,  the  court  finding 
his  answeres  to  be  both  pphaine,  absurd,  conceited  &  ridicu- 
lous, he  was  warned  to  take  heed  of  dallying  with  y^  founda- 
mentall  truthes  of  God,  &  was  told  that  the  court  looked  vpon 
him  as  a  man  of  a  pphaine  spirit  &  disorderly  way,  that  would 
ouerthrow  the  order  &  gOuerment  that  God  hath  established 
in  church  &  commonwealth,  as  one  y^  hath  spoken  pphainely 
at  the  best,  &  blasphemously,  as  is  testified  by  one  witness,  for 
which  things,  so  far  as  they  are  fully  proued  against  him  & 
confessed  by  him,  it  was  ordered  that  he  be  whipped,  &  that 
he  be  bound  in  a  bond  of  501'  for  his  good  behavio''  for  the 
time  to  come,  to  carry  it  in  a  comely  &  inoffensive  manner, 
W^h  if  i;ie  di(j  i^ot,  he  is  to  appeare  here  at  the  court  of  magis- 
trates in  October  next,  if  he  be  not  remoued  out  of  the  juris- 
diction in  the  meane  time. 

[194]  II  In  the  case  depending  betwixt  M^s.  Goodyeare  & 
Thomas  MuUiner,  concerning  the  division  of  some  lands  in 
question,  the  court  by  way  of  sentence  declared  that  they 
comitt  the  determination  of  it  to  W'"  Judson,  W'»  Tuttle,  John 
Cowper  &  Abraham  Dowlittle,  but  in  case  they  agree  not,  they 
then  have  liberty  to  make  choyce  of  a  5*1'  man  as  an  vmpire, 
who  shall  have  power  to  cast  the  case ;  but  in  the  division, 
they  are  to  take  care  y"^  M^  Goodyeares  farme  be  not  spoyled, 


1659]  JURISDICTION   OF   NEW   HAVEN.  293 

&  that  the  couveniency  of  that  part  of  the  land  called  M^ 
Hickcox  lott,  now  appertaining  to  the  estate  of  M''.  Goodyeare, 
be  prouided  for  with  the  rest,  yet  so  y*  Tho:  Mulliner  be  not 
frustrated  of  his  due  expectation,  all  things  considered.  John 
Brockit  the  surveyor  is  desired  to  assist  in  the  business,  who 
is  to  be  satisfied  for  his  paines,  both  formerly  &  now,  by  y^ 
seuerall  parties  interested,  according  to  their  pportion  in  the 
lands  now  in  question. 

Deacon  Miles,  in  the  behalf  of  Captaine  Gookin,  Gervase 
Boykin  in  behalf  of  M"".  Ling,  &  others  made  demands  vpon 
ye  estate  of  M"".  Isaac  Allerto  deceased,  but  no  appearing  to 
administer  vpon  the  said  estate,  the  business  was  respited 
vntill  the  court  of  magistrates  in  October  next. 

At  the  desire  of  John  Paris  of  Stamford  in  writeing  pi'sented, 
the  court  granted  that  the  halter,  w'^^  he  by  sentence  of  court 
the  30'h  of  the  4^^  moneth  1657  was  enioyned  to  weare,  should 
now  be  taken  off  vntill  further  order. 

An  inventory  of  the  estate  of  Clement  Buxton  was  p'sented, 
taken  the  3'^  of  September  1657,  apprized  by  Rich:  Law  & 
John  Holly,  given  in  vpon  oath  by  the  widdow  Buxton,  her 
name  Ynica,  at  a  court  in  Stamford,  May  the  13*'%  1658. 

Rich:  Law. 

The  last  will  of  Peter  Browne  of  Stamford  was  presented. 

Stamford,  August  19*^  1658.  Witnesse, 

Rich.  Law,  Prancis  Bell. 

An  inventory  of  the  estate  of  Peter  Browne  deceased,  prised 
by  Prancis  Bell,  Richard  Law,  Nouembr  29, 1658,  amounting 
to  ^  ,  was  pi'sented,  testified  vpon  oath  by  widdow  Browne 
&  Tho  Browne  in  court  Pebr:  IQth  (58). 

An  inventory  of  the  estate  of  Nicholas  Thell  deceased  was 
pi'sented,  taken  the  29^^  of  Nouember,  1658,  proued  vpon 
oath  in  court  December  the  16,  1658,  by  widdow  Thell. 
[195]  II  An  inventory  of  the  estate  of  Jeremiah  Jaggers,  prised 
by  Richard  Law  &  Prancis  Bell,  December  ll^h,  1658,  was 
p^'sented,  given  in  vpon  oath  by  Elizabeth  Vsher,  the  wife  of 
Robert  Vsher,  May  19,  1659,  amounting  to  472'',  17^  0^. 

Before  Prancis  Bell, 
Richard  Law. 


294  RECOEDS   OF  THE  [1659 

An  inventory  of  the  estate  of  Simon  Hight  deceased  Sept. 
8th,  apprised  by  Francis  Bell  &  Rich:  Law  vpon  oath,  Octob"" 
9^^,  1657,  amounting  to  225i>,  01%  01'^,  was  p-^sented. 

An  inventory  of  the  estate  of  John  Astin,  taken  by  Richard 
Law  and  Angell  Husted,  Septembr  the  5,  1657,  vpon  oath, 
was  pi'esented,  given  in  vpon  oath  by  the  widdow  Kathrine 
Astine  vpon  the  13^^  of  May,  1658,  in  court  in  Stamford, 
amounting  to  78'',  08^  04^. 

The  will  of  Henry  Ayckrily,  the  17th  of  June,  1658,  was 
p^sented,  testified  vpon  oath  by  Francis  Browne  &  W""  Oliver, 
Decembr  16,  1658.  Before  Francis  Bell  & 

Richard  Law. 

An  inventory  of  the  estate  of  Edward  Hichcocke,  late  of 
New  Haven  deceased,  was  pi'sented,  amounting  to  185i',  10% 
09'^,  proued  in  court  at  Newhaven  May  the  11th,  1659,  Dea- 
con Miles  &  John  Cowper  testified  vpon  oath  that  the  apprizmt 
was  iust,  according  to  their  best  light. 

Mr.  Peirson,  pastor  to  the  church  at  Brandford,  haveing  vpon 
the  20th  of  October,  1658,  declared  in  an  action  of  y  case 
against  John  Cowper  &  Mathew  Moulthropp,  concerning  a 
black  dun  mare  taken  vp  &  detained  by  them,  w^h  mare  he 
judged  to  be  his ;  for  to  make  it  so  appeare  he  desired  that 
some  testimonies  he  should  now  produce  might  be  heard  & 
considered  by  the  court. 

First  Richard  Harrison  vpon  oath  affirmed,  that  as  he  was 
seeking  his  mare,  (that  winter  when  the  iron  worke  began,) 
by  the  farmes  old  fence  side,  there  was  a  browne  mare  wth  a 
small  colt  of  y^  same  couler,  whether  horse  or  mare  he  knowes 
not,  afterwards  coming  to  the  farmes  he  was  told  that  it  was 
John  Benhams;  the  same  day  (as  hee  apprehends)  comeing 
to  the  water  side,  he  saw  the  other  pipestaff  mare,  with  a 
browne  colt  like  herself,  much  of  y^  same  couler,  whether  any 
white  vpon  her  or  not  he  knoweth  not. 

Tho:  Harrison  vpon  oath  testified  that  when  he  came  to 
Mi's.  Gregsons  farme,  that  mare  that  proues  Westalls  had  a 
bay  colt  with  her,  w^h  was  three^yeares  agoe  last  spring,  w^h 
colt  he  thought  was  about  a  yeare  old,  w^h  mare  &  colt,  wth 
another  yt  was  with  them,  he  droue  to  Southend. 


1659]  JURISDICTION  OP  NEW  HAVEN.  295 

Josiali  Ward  vpon  oath  affirmed,  that  he  haveing  occasion 
to  come  to  the  water  side  in  Tho:  Harrisons  feild,  he  saw 
Westalls  mare  with  a  bay  colt  like  herself,  whether  horse  or 
mare  he  knowes  not,  w^^  was  when  the  iron  worke  began. 
John  Cowp,  now  in  court,  desired  that  it  might  be  considered 
that  Josiah  Ward  had  said  that  he  would  not  take  his  oath  in 
the  case;  to  w^h  M^  Peirson  answered,  that  Josiah  Ward  had 
told  him  that  by  the  consideration  of  the  circomstances  he 
comes  to  the  knowledg  of  the  thing. 

[196]  II  Josiah  further  vpon  oath  said  that  he  being  w^^^  M^. 
Peirson  at  the  water  side,  he  saw  M^.  Peirsons  mare,  w^^  he 
sould  to  goodman  Andrews,  w'^  a  dark  dun  colt,  w*'^  a  star 
not  very  cleare,  those  were  y''  markes  w'^'^  hee  tooke  notice 
off,  &  that  winter  was  twelue  moneth  M^  Peirson  sent  him 
with  his  man  to  see  after  this  colt,  &  when  he  saw  this,  hee 
app^hended  this  was  the  colt,  but  he  had  no  meanes  betwixt 
these  two  times  to  keep  the  knowledg  of  it. 

Jonathan  ^  ,  servant  to  M^  Peirson,  affirmed  that  he 
going  often  to  looke  this  that  goodman  Andrewes  bought  y^ 
dam  of,  w^h  hee  supposes  is  that  now  in  question,  he  oft  saw 
this  dark  dun  colt  with  a  star  with  the  mare  of  his  masters, 
the  first  winter  sucking,  &  in  the  summer  after,  &  the  winter 
after  that,  he  saw  it  the  third  time  with  Josiah  Ward  the  third 
winter. 

John  Cowper  desired  that  it  might  be  considered  that  the 
time  spoken  of  by  the  last  witness  was  after  they  had  bought 
ye  mare  &  marked  her. 

Sargeant  Beckly  testified  that  this  colt  bought  by  John 
Cowper  of  Westall,  when  it  was  going  2  yeare  old,  was  for  5 
or  6  moneths  that  summer  in  their  neck,  where  (as  he  had 
occasion  to  looke  vp  his  horse)  he  oft  saw  it,  &  that  it  was  for 
couler  enclining  to  a  black.  October  the  20  (58),  Edmund 
Tooly  testified  that  in  summer  was  three  yeare,  the  mare  of 
Westalls,  or  Lattimors  had  a  colt  w^''  he  tooke  to  be  a  darke 
bay  w^'i  a  seame  in  her  eare  where  she  had  beene  cutt,  &  this 
he  takes  to  be  the  colt  w^^  goodman  Cowp  bought. 

M^  Peirson  in  court  said  that  he  himself  had  known  this 
colt  fro  time  to  time,  tte  first  yeare  he  oft  saw  it  w*'^  the  mare, 


296  RECORDS  OP  THE  [1659 

in  ye  latter  end  of  the  yeare  he  saw  it  in  M"^.  Batons  feild, 
March  was  two  yeare  he  saw  it  at  the  water  side,  where  he 
tooke  notice  of  it,  &  y^  when  brother  Moulthropp  told  him  that 
he  had  bought  half  a  mare,  he  asked  what  her  conler  was, 
what  her  markes  were,  where  her  walk  was,  to  w^^  questions 
when  he  had  given  answere,  he  said  then  you  have  got  mine ; 
brother  Moulthrop  replied,  this  is  marked  on  y"  eare  by  brother 
Cowper,  vpon  w^h  he  asked,  when ;  bro.  Moulthropp  answered 
about  a  fortnight  agoe,  to  which  he  againe  replied,  tlien  you 
have  marked  mine. 

Vnto  w«=h  bro.  Cowper  now  answered  y'  M"".  Peirson  being 
wth  bro:  Moulthropp,  they  finding  a  company  of  horses  where 
this  mare  was,  M''.  Peirson  when  he  saw  her,  asked  what  mare 
is  this,  so  that  it  seems  he  had  not  such  knowledg  of  her  as  he 
speakes  of;  to  W^^  M.'^.  Peirson  now  answered,  y*  it  was  his 
great  desire  to  see  tliis  mare,  because  they  had  said  that  theirs 
was  marked,  he  haveing  lately  seen  his  owne  without  a  marke ; 
bro:  Moulthropp  &  himself  comeing  neare  y^  black  rock,  there 
past  by  a  company  of  horses,  bro.  Moulthropp  sd,  there  is  not 
the  horses  we  looke  for;  afterwards  lookeing  further  among 
tliem,  he  asked  bro:  Moulthropp  concerning  one  of  them,  what 
is  this,  he  answered  this  is  the  mare  in  question,  when  they 
had  looked  vpon  her  he  asked  bro.  Moulthropp  where  is  the 
marke,  he  said  it  is  o  ye  eare,  he  replied  there  is  no,  bro: 
Moulthropp  sd  it  was  grown  vp ;  after  they  had  turned  her 
about,  they  saw  Ji  D:«on  the  further  buttock.  Bro:  Cowp 
pleaded  y'  it  was  at  first  questioned  whether  y^  mare  had  any 
colt,  but  yt  appearing  to  be  so,  now  the  question  is  about  the 
couler;  to  w^^  ]y[r,  Peirson  answered  yt  ye  ground  of  y*  was, 
John  Thomas  haveing  said  that  Westall  told  him  j^  his  mare 
had  a  black  colt  at  Wether sfeild,  he  was  told  by  W'"  Palmer 
yt  yt  mare  had  no,  but  another  mare  of  his  had  a  black  colt. 
Bro:  Moulthrop  said  that  he  hath  alwayes  app'hended  this  to 
be  the  colt  of  Westalls  mare,  for  the  colt  w^h  was  with  West- 
alls  mare  was  a  blackish  bay,  vnder  the  belly  more  browne,  on 
ye  back  more  black,  w^*^  he  saw  at  a  moneth  old  &  frequently 
afterwards,  yet  to  take  his  oath  of  it  he  would  not  for  a  horse. 

The   Court  findeing    y'    notwithstaj^ding    w*   hath   been 


1659]  JURISDICTION   OF   NEW   HAVEN.  297 

alleadged,  both  by  pi  &  defendts,  &  what  hath  been  testified  by 
y^  witnesses  in  y^  case,  that  ye  question  to  who  this  mare 
belongs  remaines  doubtfull,  they  desired  y*  they  would  either 
of  them  make  choyce  of  a  man  y'  may  veiw  y^  mare  &  more 
fully  informe  y^  court,  or  bring  her  hither  that  she  may  bee 
scene  by  the  court,  that  an  issue  may  be  put  to  this  businesse. 


[197]  At  a  Court  op  Election  held  at  Newhaven  for  the 
Jurisdiction,  the  25th  of  May,  1659. 
Mr.  Francis  Newman  chosen  Gouerno^  M^  William  Leet 
chosen  Deputy  Gouerno^  M''.  Mathew  Gilbert  chosen  Magis- 
trate for  New  Haven.  M^  Robert  Treat  chosen  Magistrate 
for  Milford.  M'".  Jasper  Crane  chosen  Magistrate  for  Brand- 
ford.  Y^  Gouerno'^  &,  Deputie  Gouernour  chosen  Comission- 
ers,  My.  Crane  the  third  in  the  election,  if  the  prouidence  of 
God  should  hinder  either  of  the  other.  M"".  Wakeman  chosen 
Treasurer.  Wiii  Gibbard  chosen  Secretary.  Tho:  Kimberly 
chosen  Marshall.     All  for  the  yeare  ensuing. 


At  a  Generall  Court  held  at  Newhaven  for  the  Juris- 
DicoN,  THE  25*11  OF  May,  1659. 
The  Deputies  for  the  Generall  Court  p^^sented  their  cirtifi- 
cates,  W^h  were  approued;  all  for  the  yeare  ensuing  except 
Stamford,  w^h  was  only  for  this  court. 
There  was  pi'sent. 
The  Gouernor,  Deputies. 

Deputy  Gouerno'',  Leiftenn*  Jo.  Nash,       )  New- 

Mr.  Gilbert,  )  Ensigne  Hen:  Lindon,  \  haven. 

My.  Treat,     >  Magistrates.  John  Flecher,  )  ^rnc    i 
Mr.  Crane,    )  Tho.  Welch,    p^^l^^^'^' 

Leiftenn*  Chitenden 


38 


Geo.  Hubbard,  ^  Guilford. 

Rich:  Law,     )  o-       r.    j 
Francis  Bell,  ^  Stamford. 


Branford. 


298  EECORDS   OF  THE  [1659 

Mr.  Wiii:  Wells,      )  ^     ,,    , , 
Barnabas  Horton,    ^  Southold. 

Leiftenu*  Swaine,  j 
Lawrence  Ward,    ' 

Edward  Wooster  desired  to  know  where  &  of  whom  he 
should  receive  pay  for  7  wolues  he  hath  killed  at  or  neare 
Paugasett ;  he  was  told  that  if  Paugasett  stand  in  relation  to 
Milford  as  a  part  of  them,  then  he  is  to  receive  his  pay  there, 
but  if  they  stand  as  a  plantatio  or  village  of  themselues,  then 
they  themselues  must  beare  itt ;  neuertheless,  it  being  thought 
by  some  that  both  Newhaven  &  Milford  have  benifitt  by  killing 
wolues  at  Paugaset,  it  was  agreed  that  it  should  be  recomended 
to  both  the  townes  to  see  what  would  be  freely  given  him  in 
recompense  of  his  service  in  thus  doeing. 

Edward  Wooster  was  also  told  that  the  encouragement 
given  to  the  proprietors  at  Paugasett  was  in  refference  to  a 
village  to  be  settled  there,  w^h  ye  court  now  saw  no  likelyhood 
[198]  off,  and  ||  that  in  the  way  they  were  in,  they  saw  not 
how  they  could  attend  their  duty  in  refference  to  the  Sabbath, 
being  at  such  a  distance  from  the  meanes,  w'^^^  the  court  would 
consider  off;  w^i^  being  debated  &  considered,  it  was  ordered 
that  if  the  place  called  Paugassett  become  not  a  village  to  the 
purposes  formerly  exprest  by  y^  court,  betwixt  this  &  y^  gen- 
erall  court  in  May  next,  that  the  place  shall  be  deserted  in 
refference  to  settled  habitation. 

The  Court,  (being  informed  of  sundry  complaints  made 
(by  such  who  are  found  defective  in  their  armes)  of  y®  diffi- 
culty, if  not  impossibillity,  of  getting  those  defects  mended,) 
did  order,  that  where  there  is  in  any  plantation  any  gunsmith 
or  other  smith,  cuttler,  joyner,  or  any  other  who  is  skill'd  in 
mending  guns,  stocks  for  guns,  swords,  scEibberds,  or  any 
other  pt  of  millitary  furniture  enioyned  by  y*'  lawes  of  this 
jurisdiction,  he  shall,  (haveing  p'^sent  &  due  satisfactio,)  with- 
in one  moneth  after  they  are  brought  to  him,  attend  y^  mending 
or  fitting  vp  of  the  same ;  and  tlie  same  is  also  required  of 
them  in  refference  to  such  as  shall  repaire  to  them  for  help  in 
such  cases  fro  any  of  the  plantations  w'l^in  the  jurisdiction, 
where  such  artists  are  not  resident  in  the  places  where  they 
live. 


1659]  JUEISDICTION   OP   NEW   HAVEN.  299 

The  Court  also,  haveing  notice  of  the  insufficiency  of  many 
guns  w='i  are  p^sented  to  veiw,  did  recomend  it  to  y®  seuerall 
plantations,  as  their  duty  to  attend  vnto,  that  euery  man 
would  furnish  himself  w^''  such  a  gun  as  may  be  serviceable, 
&,  did  order  that  no  gun  of  less  bore  then  y^  standerd  agreed 
vpon  (w*^'^  is  to  be  kept  by  the  cheife  millitary  officer  in  euery 
plantation)  shall  be  allowed  as  sufficient. 

By  way  of  alteration  of  the  printed  law,  forbidding  to  sell 
wines  or  liquors  (vnto  w^h  cidar  is  since  added,)  vnto  Indians, 
it  is  ordered  j^  the  penalty  for  the  first  offence  shall  no  longer 
be  5%  but  5I',  for  the  second  offence  not  10%  but  lO^',  w^h 
shall  be  the  one  half  to  the  informer  for  his  paines  and  charges 
in  the  prosecution  of  the  delinquent. 

The  Court  haveing  information  of  disorders  in  some  of  y^ 
plantations,  by  the  retailing  of  cidar,  did  order  that  whoso- 
euer,  w^^out  license  from  some  magistrate  or  other  authority 
where  there  is  no  magistrate,  shall  sell  or  retale  any  cidar  by 
less  quantity  then  3  gallons,  shall  for  the  first  offence  proued, 
pay  20s .  for  ye  second  offence,  40^ ;  for  a  third  offence,  shall 
be  bound  ouer  to  the  court,  w^  court  considering  the  fact 
•^th  ye  agravations  thereof,  shall  inflict  such  further  punish- 
m^  as  they  shall  see  meet. 

Jonas  Wood  did  againe  pi'sent  in  writeing  the  desires  of 
[199]  the  II  towne  of  Huntington,  to  joyne  in  combination 
w^^  this  colony,  craveing  liberty  for  the  triall  of  actions  to  a 
greater  vallew  then  is  allowed  to  other  plantations  in  the 
jurisdiction,  yf^^  ye  court  was  not  willing  to ;  he  also  ppound- 
ed  that  they  might  for  some  time  be  freed  from  payment  of 
rates  to  the  jurisdiction.  The  court  granted  that  they  should 
be  freed  for  2  yeares,  pvided,  that  as  they  would  be  freed  fro 
rates,  so  they  should  not  be  chargable  to  the  jurisdiction ; 
but  nothing  further  was  done  at  this  time. 

The  petition  of  John  Ridar  of  Hashamommocke,  was 
p''sented  &  read,  wherein  he  desired  to  know  whether  they 
were  part  of  this  jurisdiction  or  not,  <fe  that  they  might  be 
considered  in  refference  to  damage  they  sustaine  in  there 
meadow  by  a  millpond  belonging  to  the  towne  of  Southold. 
Vnto  the  first  the  court  declared,  yt  they  looke  vpon  them  as 


300  RECORDS   OF   THE  [1659 

wthin  ye  jurisdiction,  according  to  the  tearmes  agreed  vpon 
betweene  y«  towne  of  Soiithold  &  the  former  inhabitants.  To 
the  second  pticuler,  M"".  Wells  pleading  that  Southold  sus- 
tained greater  damage  by  them,  the  court  could  give  no 
judgm^  in  the  case  vntill  they  heard  y^  allegations  &  proofes 
on  either  side. 

John  Holly  of  Stamford  was  allowed  30%  (besides  his 
charges  now  at  New-Haven,)  for  his  paines  &  care  in  gather- 
ing in  the  customs  &  excise  of  the  towne  of  Stamford  the 
yeare  past. 

John  Fowler  of  Guilford,  Lawrence  Ward  of  Branford,  Bar- 
nabas Horton  of  Southold,  John  Holly  of  Stamford,  were 
chosen  to  receive  the  customs  &  excise  of  wines  &  liquors  in 
the  plantations  wherein  they  live,  for  the  yeare  ensuing. 

The  customs  &  excise  of  the  towne  of  Milford  are  let  out 
to  Ensigne  Bryan  for  the  yeare  ensuing,  in  all  respects  as  it 
was  y''  last  yeare,  save  onely  yt  o^'  of  the  20  is  to  be  paid  in 
good  merchantable  beavo'',  at  price  current,  sometime  betwixt 
this  &  August  next,  so  as  it  may  be  to  supply  the  comissioners 
for  the  jurisdiction  service. 

M^  Wells  of  Southold  informed  that  a  neighboure  of  theirs 
that  bought  a  pcell  of  land  at  Manhanseck  was  about  to  sell  it 
vnto  a  Quaker ;  it  being  considered  by  the  court,  they  desired 
y*  gouerno""  to  write  to  M"".  Willis  of  Harfford  for  his  concur- 
rence to  assert  o""  title  to  those  lands  from  the  Lord  Starling, 
&  to  vse  such  meanes  as  he  conceives  may  conduce  to  the 
p^vention  of  any  such  sale  by  any  that  p''tend  title  to  any 
lands  there. 

The  Magistrate  &  deputies  of  Branford  informed  that  Peter 
Abbott  coming  thither  the  last  yeare  to  help  his  father  to 
weed  corne,  was  taken  the  same  day  with  a  lunacy,  which 
occaisioned  much  charge  &  exercise  to  their  towne,  W^^  they 
conceived  should  be  borne  by  the  publique,  he  being  no  set- 
tled inhabitant  there,  but  had  lived  sometimes  in  one  planta- 
tion &  sometimes  in  another,  and  that  if  it  should  jDlease 
God  againe  so  to  exercise  him,  they  saw  not  how  the  people  of 
[200]  Branford  (haveing  been  vnder  the  ||  afflicting  hand  of 
God)  could  be  able  to  supply  him  w^h  such  things  as  his  con- 


1659]  JURISDICTION  OF  NEW   HAVEN.  301 

dition  would  call  for,  to  w^^  the  court  answered,  that  they 
saw  not  but  y*  Branford,  to  whom  he  did  belong,  must  in 
justice  beare  it,  but  withall  it  was  pmised  that  if  God  should 
so  againe  afflict  them  in  Peter  Abbot,  they  will  have  a  broth- 
erly respect  to  them  &,  if  there  be  cause,  help  them  in  a 
way  of  mercy,  as  this  court  shall  thinke  meet. 

Complaints  being  p''sented  of  wrong  done  in  the  sizes  of 
shooes,  the  court  did  take  the  matter  into  consideration,  &  be- 
ing informed  that  W™  Newman  of  Stamford  hath  an  instru- 
ment in  his  hand  W^^  he  brought  out  of  England,  W^^  is 
thought  to  be  right,  to  determine  this  question  between  the 
buyer  &  seller,  did  order  that  the  said  instrument  should  be 
pcured  &  sent  to  Newhaven,  w^^  q^  approved  by  ye  court  of 
magistrates  in  October  next,  to  whose  judgment  (takeing  in 
such  advice  as  they  shall  thinke  meet)  y®  busines  is  referred) 
a  standerd  shall  be  made,  w^h  is  to  remaine  w'''  the  jurisdiction 
treasurer,  &  from  thence  other  standerds  to  be  taken  for  the 
seuerall  plantations,  W^^  shall  be  the  rule  betweene  buyer  & 
seller,  to  W^'  it  is  required  that  all  sizes  be  conformed. 

The  Court  lookeing  vpon  it  as  their  great  duty  to  establish 
some  course  (that  through  the  blessing  of  God)  learning  may 
be  promoued  in  the  jurisdiction,  as  a  meanes  for  y'^  fitting  of 
instruments  for  publique  service  in  church  &  comon wealth, 
did  order  that  401'  ^  yeare  shall  be  paid  by  the  treasurer  for 
the  furtherance  of  a  gramer  schoole,  for  the  vse  of  y''  inhab- 
itants of  the  jurisdiction,  &  that  S^'  more  shall  be  disbursed 
by  him  for  the  procureing  of  bookes  of  M"".  Blinman,  such  as 
shall  be  approiied  by  M"".  Davenport  &  M"".  Peirson  as  su table 
for  this  worke.  The  appointing  of  the  place  where  this 
schoole  shall  be  settled,  the  pson  or  psons  to  be  imployed,  the 
time  of  begining,  &c.,  is  referred  to  the  gouerno'',  deputy 
gouerno'',  y''  magistrates  &  ministers  settled  in  the  jurisdiction, 
or  so  many  of  them  as  vpon  due  notice  shall  meet  to  consider 
of  this  matter. 

The  Deputy  Gouerno"",  ^t'l  the  deputies  of  Guilford,  did 
ppound  M^".  Whitfeilds  house  freely  for  the  furtherance  of  this 
worke,  who  did  also  declare  that  they  judged  it  reasonable  yt 
if  the  said  schoole  should  be  settled  in  any  other  place  by 


302  RECORDS   OF  THE  [1659 

those  W^^  are  appointed  to  determine  this  question,  that  y^ 
like  allowance  should  be  made  by  that  plantation  where  it 
falls,  answerable  to  what  by  Guilford  is  now  propounded. 
[201]  II  The  afflicting  hand  of  God  haveing  been  heavy  on 
y*^  inhabitants  of  Greenwich  y'^  last  yeere,  by  sickness,  & 
thereby  y*"  loss  of  a  great  part  of  their  corne,  their  rates  to 
the  jurisdiction  for  the  yeere  past,  as  a  worke  of  mercy,  were 
remitted. 

Robert  Abbott,  late  of  Branford  deceased,  who  died  intes- 
tate, being  posest  of  an  estate  amounting  to  120  or  130^',  or 
thereabouts,  a  question  was  brought  to  the  court  whether  y®  2 
youngest  children  should  not  be  considered  aboue  their  ppor- 
tion,  being  not  duely  pvided  for  considering  their  yeares,  w^h 
the  court  having  considered,  it  was  declared  y'  10''  shall  be 
taken  out  of  the  estate  for  the  help  of  the  widdow  for  the 
bringing  vp  of  these  t^O  children,  w"-''  being  done,  the  estate 
is  to  be  divided,  according  to  the  true  intent  of  the  law  in  yt 
case,  betweene  the  widdow  &  children,  wh  is  referred  to  the 
court  at  Branford. 

Mr.  Wakeman  acknowledged  7''  received  of  the  deputies 
of  Southold  for  the  land  repurchased  by  them,  called  Matta- 
tock  &  Akkabawke,  but  being  paid  in  wampom,  M"".  Wells 
vndertooke  to  answere  the  damage  that  he  should  sustaine 
by  it. 

It  is  ordered  that  the  horses  appointed  for  publique  service 
shall  exercise  4  training  dayes  each  yeare,  at  such  times  as 
shall  be  appointed  by  y^  millitary  officers  for  the  foot  com- 
panys  in  each  plantation,  who  shall  also  veiw  their  furniture 
when  other  armes  are  veiwed,  vntill  some  other  way  be 
appointed  by  the  court. 

Information  being  given  that  John  Corey,  John  Swasey, 
Mr,  Jo"!  Booth,  Joseph  Younges  senior,  Tho:  Ridar,  Edward 
Petty,  Tho:  More  junior,  refused  to  take  the  oath  of  fidelity, 
it  is  ordered,  that  they  shall  appeare  at  the  court  of  magis- 
trates, the  19">  of  October  next,  to  answere  it,  if  in  the  meane 
time  they  take  not  the  said  oath  &  certify  it  vnto  the  court. 

There  being  a  question  whether  6ii  or  5''  were  dew  from 


1659]  JUKISDICTION  OF  NEW   HAVEN.  303 

James  Rogers  to  the  jurisdiction  v|3on  a  forfeiture  of  liquors, 
it  was  declared  thatSi'  being  paid  they  require  not  y^  rest. 

The  Magistrate  &  deputies  of  Milford  were  desired  to  re- 
quire of  the  inhabitants  of  Paugaset  a  list  of  their  rateable 
estate,  &  to  send  it  to  the  secretary  at  Newhaven. 

A  question  being  propounded  by  M"".  Wells,  whether  land 
enclosed  for  an  oxpasture  be  rateable  or  not,  for  answere  he 
was  referred  to  the  law,  w'^^  sayes  that  all  lands  shall  be  rated 
except  such  as  doth  &  shall  lie  comon  for  free  feed  of  cattell 
at  all  times  to  the  vse  of  y*^  inhabitants  in  generall. 
[202]  II  Vpon  information  that  M^.  Bishopp  meets  w*^^  some 
discouragmts  in  his  worke  at  Stamford,  &  therevpon  thinks 
of  remouing  thence,  the  court  spake  with  Leiftenn*  Bell,  one 
of  the  deputies,  about  it,  who  could  not  say  that  things  had 
been  as  they  should  in  all  respects,  but  pfessed  that  he  should 
be  ready  to  lay  out  himself  for  M*".  Bishopps  encouragem'; 
but  no  complaint  being  made  by  M'".  Bishopp,  nothing  was 
done  by  way  of  order,  but  only  it  was  declared  that  if  they 
heare  not  of  a  speedy  reformation,  they  will  consider  of  send- 
ing some  fro  among  themselves  &c.  to  Stamford  to  enquire 
after  things,  &  endeavour  (as  they  thinke  they  are  bound) 
to  remoue  what  may  hinder  y*^  worke  of  God  in  his  hand,  for 
if  ministry  &  ordinances  fall,  what  will  the  people  doe  ? 

A  complaint  being  made  concerning  some  psons  at  Stamford 
for  selling  wines  &  liquors  without  license,  it  was  by  y'^  court 
declared,  that  it  is  expected  of  the  ofiicer  in  authority  there, 
that  he  make  dilligent  enquiry  after  such  disorders,  &  that 
he  duely  psecute  the  oftenders,  according  to  y^  law  in  that 
behalf. 

Whereas  in  the  law  concerning  dowries,  it  appeares  neces- 
sary that  the  consent  of  the  wife  be  required  to  any  sale  of 
houses  or  lands  made  by  her  husband,  w<^'i  act  or  consent 
must  be  such  as  this  court  allowes,  therefore  it  is  now  de- 
clared and  ordered,  that  a  free  consent  or  acknowledgment 
being  given  or  made  of  her  willingnes  to  such  sale,  before  the 
secretary  or  any  magistrate,  or  constable  where  there  is  no 
magistrate,  shall  be  accounted  good  in  law,  &  cutts  off  such 


304  RECOEDS   OF  THE  [1659 

wife  from  claiming  any  thirds  in  the  said  houses  or  lands 
afterwards. 

It  is  ordered  that  oQi'  shall  be  paid  by  the  treasurer  vnto 
the  gouerno''  &  20^'  to  the  deputy  gouerno'",  for  the  yeare 
ensuing. 

Francis  Bell  was  chosen  &  sworne  constable  for  Stamford 
for  the  yeare  ensuing,  who  had  the  same  power  comitted  to 
him  as  the  constabbs  at  Stamford  formerly  had. 

Geo:  Slawson  was  chosen  mar  shall,  to  assist  him  in  the 
worke  of  his  office. 

M^  Wells  &  Barnabas  Horton  were  chosen  constables  for 
Southold  for  the  yeare  ensuing,  who  have  the  same  power 
comitted  to  them  as  the  constables  there  formerly  had. 

It  is  ordered  that  a  rate  of  lOQi'  shall  be  leuied  fro  the 
seuerall  plantations  w'''in  this  jurisdiction,  in  equall  pportions 
according  to  their  estates,  w'^^  is  to  be  paid  the  one  half  some- 
time in  Octobr  next,  y*  other  half  by  the  first  of  Aprill  fol- 
lowing, in  such  pay  &  at  such  prizes  as  was  ordered  y^  last 
yeare. 
Newhaven,  ST'i  13^    05^  )    Stamford,  W^  00^    08^  ) 
Milford,       21     12     00    [    Southold,   09     00     00    [  lOO^i. 
Guilford,     13     07     01    )    Branford,  06     06     10    ) 


[203]     At  a   Court  of  Magistrates,  held  at  Newhaven 
FOR  the  Jurisdiction,  the  19'^  of  Octob""  1659. 

The  Gouerno'",  Deputy  Gouernor,  M^  Gilbert,  M^.  Treat, 
M^  Crane,  was  present. 

The  matter  depending  since  the  last  court,  concerning  y® 
estate  of  M^  Stephen  Goodyeare  deceased  &  the  creditors, 
came  to  be  considered,  at  W^  time  the  former  claime  of  M'^. 
Goodyeare  to  a  third  of  M"".  Lambertons  houses  &  lands  was 
renewed,  both  by  herself  &  her  attorney,  William  Edwards  of 
Harfford,  her  right  therevntoXby  vertue  of  a  law  extant 
when  Mr.  Lamberton  died)  pleaded,  but  it  being  found  that 
by  her  marriage  w^^  M"".  Goodyeare  it  became  part  of  his 
estate,  it  was  by  the  court  determined  that  onely  a  third  of 


1659]  JURISDICTION   OP  NEW   HAVEN.  305 

that  thirds  for  life,  doth  belonge  to  M".  Goodyeare.  What 
hath  further  been  done,  or  was  now  done  concerning  this 
matter,  is  here  breifly  declared  as  followeth, 

Forasmuch  as  M^.  Stephen  Goodyeare,  merchant,  late 
deputy  gouernoi'  &  planter  of  Newhaven  in  New  England, 
being  vpon  a  voyage  into  old  England,  there  deceased  in 
London  in  the  yeare  1658,  since  which  time  the  court  at  New- 
haven,  for  conservation  of  the  estate  of  the  deceased,  to  be 
forthcoming  to  answere  all  iust  debts  &  claymes  due  from  the 
said  estate,  did  cause  an  inventory  to  be  made  &  delivered 
into  the  court,  of  what  was  here  found  within  y^  jurisdiction 
of  Newhaven,  and  an  account  to  be  drawne  out  of  M^.  Good- 
years  bookes  of  what  seemed  thereby  to  be  due  to  that  estate  ; 
the  court  of  magistrates,  takeing  y®  matter  into  consideration, 
caused  a  writeing  or  intimation,  beareing  date  October  20, 
1658,  to  be  publiquely  set  vp  &  affixed  on  a  door  post  of  the 
meeting  house  of  Newhaven,  to  give  notice  to  all  or  any  psons 
that  had  any  thing  to  clayme  from  y®  estate  of  y^  deceased,  to 
make  their  appearance,  by  themselues  or  their  attorneyes,  at 
the  court  of  magistrates  in  May,  Anno  1659,  then  &  there  to 
make  satisfying  proofe  of  their  claimes,  that  order  might  be 
then  given  &  distribution  made  of  the  said  estate,  for  iust  & 
pportionable  satisfaction,  but  the  businesse  being  found  not 
duely  p«"pared  on  the  creditors  part,  it  was  ordered,  that  by  a 
writeing  set  vp  as  before,  that  intimation  should  be  againe 
given  for  their  appearance  at  the  court  of  magistrates  in 
Octobr  next,  at  w^^i  said  court  attendance  was  againe  given 
to  take  in  y*^  said  proofes,  in  the  p''sence  of  the  said  creditors 
appearing,  where  first  allowance  for  all  iust  charges,  fees  &c. 
alDout  ye  collecting,  apprising  &  conserving  the  estate  for  the 
[204]  benifit  of  psons  ||  concerned  therein,  being  deducted, 
the  court  pceeded,  &  allowed  these  debts  &  claimes,  hereafter 
mentioned  &  set  downe  in  their  pticuler  somes  respectively, 
to  be  due  from  M"".  Goodyears  estate,  some  vpon  cleare 
specialities  and  proofes,  others  by  faire  accounts  &  reckonings 
owned  by  M^.  Goodyeares  bookes  without  any  materiall 
objection  made  against  them,  all  w^^  amounted  to  the  full  & 
iust  some  of  24031',  19%  2^  ;  but  because  divers  reckonings 
were  not  pfected,  nor  M^s.  Goodyeares  thirds  sett  out  nor 
compounded  &c.,  at  the  request  of  the  creditors  p^sent,  y® 
court  allowed  &  established  M"".  John  Wakeman,  M"".  Nich- 
olas Auger  &  Jo"  Cowper  of  Newhaven,  to  be  comission- 
ers  to  issue  those  accounts,  impowering  &  authorising  them 
to  agree  w^^  M''^.  Goodyeare  about  her  thirds,  to  make 
sale  of  the  lands  or  other  estate  here,  and  by  themselues 
39 


306 


RECORDS   OP  THE 


[1659 


or  their  lawfull  attorneyes  to  vse  all  meanes,  whether  by 
course  of  law  or  composition,  to  gather  in  all  debts,  here 
or  els  where  due  to  the  said  estate,  and  to  make  pportionable 
distribution  of  what  is  or  shall  be  by  them  recouered,  amongst 
all  the  said  creditors  respectively,  &  to  give  in  a  iust  account 
to  the  court  of  magistrates  at  Newhaven  of  whatsoever  shall 
be  by  tliem  so  done,  whensoeuer  it  shall  be  called  for  &,  re- 
quired, that  righteousnes  may  be  attended  in  that  trust,  and  a 
standing  record  kept  for  the  veiw  of  any  that  desire  satisfac- 
tion about  y*"  whole  carriage  of  this  businesse, 

M^  Goodyeares  inventory  was. 
Out  of  w^h  there  was  paid  to  M"".  Lambertons 

children,  for  w<=h  security  was 

given,  41511,18,  2^1  ~ 

&  20s  for  land  sould  to  Jer; 

Whitnell  001,    00,  0, 

both  which  being  deducted,  w^^  is  J 

So  there  remaines  to  M^s.  Goodyeare  for  her 

thirds,  &  to  the  creditors  according  to  the 

inventory,  ^  387,    11,    08 

For  apprising  &  conserving  of  the 


804ii,09sl0d 


416,    18,    02 


estate  &c,  ye  estate 

Dr. 

To  John  Herriman 

03", 

06ss 

,  08d 

the  sheepheards 
tables  for  the  bookes 

05, 
00, 

06, 
10, 

08 
00 

John  Cowper 
the  4  apprizers 

00, 
02, 

04, 
00, 

00 
00 

the  Secretary 
Mr.  Cornish 

02, 
02, 

00, 
10, 

00 
00 

15,    17,    04 
[205]     II  Creditors  to  the  estate  who  are  to  be  paid  in  ppor- 
tion  to  these  somes  vnderwritten. 


Mr.  Woolcot 
My.  Hickcox 
Christopher  Todd 
Tho:  Dunk 
Mr.  Paine 
Mr.  Nicholea 
John  Punderson 
Thomas  Mitchell 
Mf.  Sam:  AVakeman 
Mr.  John  Wakeman 
Roger  Allen 
George  Larremore 
M'.  Kitchen 
M'.  Pinchon 
Mrs.  Davenport 
Newhaven  church  treas'j) 
the  Jurisdiction, 


234"  15S  OOd 
040—00—00 
008—00—00 
011-00-00 
010—15—03 
004—04-00 
007—12—06 
003-08-00 
031—19—08 
061-15-00 
005—11—03 
030—00—00 
013—03—07 
009—1 7-00 
001—10—00 
021—07—10 
012—00—00 


Edward  Perkins 

Mr.  Whitfeild, 
i   James  Clarke, 
j   Mr.  Hooke 
I    Mr,  Evance 

Mrs.  Godman 
[    Thomas  Staples 
j    Sargeant  Jefferies 

John  Herriman 

Richard  Hughes 

Henry  Carter 
•'^Huphry  Spining 

Willm  Judson 

John  Cowper 

Wilhn  Audrewes 

Mrs.  Mr.  Stolions  estate, 

the  Dutch  Gouemor 


002ii  13s  ood 

100—00—00 

002—11—01 

110—07—10 

085—00—00 

152—00-00 

204—17—04 

012—00—00 

021—03-00 

007-00-00 

001—15—00 

00.5—15—06 

011—05—06 

002—06—00 

012—16—06 

478—08—01 

060—00—00 


1659] 


JURISDICTION   OF   NEW   HAVEN. 


307 


Newhaven  towne  treas'y^ 

Mrs.  Alcot 

Mr.  Daniell 

Mr.  Lake 

Mr.  Tanner 

Joseph  Mygate 

John  Gibbs 

Henry  Lindon 

the  Gouernor 

Mr.  Gilbert 

Mr,  Ting 


016—01—04 
001—09—11 
015—04—07 
092—16—03 
357-10-00 
010—14—06 
003—00-00 
004—00-00 
001—07-00 
003—07—10 
017-00-00 


1029—10—06 


"Willm  Trowbridg 
Mr.  Evance  his  house, 
Mrs.  Sheafe 

Vpon  the  Shipp 
Mr.  Wakeman 
M"^.  Gilbert 
Wm  Davis 
Mr.  Atwater 
Roger  Allen 
Christopher  Todd 
James  Hayward 
Mr.  MuUiner 


010—00—00 
030—00-00 
032—04-00 
acco. 

006—14—06 
002—12—10 
001—06—01 
005—11—01 
004—12—11 
001-05-00 
005—03—05 
005—00-00 

1374—08—08 
1029—10—06 


Total  2403—19—02 

[206]  Concerning  the  estate  of  M".  Allerton. 

Whereas  at  a  court  held  at  Newhaven  Aprill  the  6^^  1659, 
an  inventory  &  an  account  take  &  pfsented  to  the  court,  of 
an  estate  left  by  M''.  Isaac  Allerton  sen.  deceased  here,  at 
W^h  time  the  court  was  informed  that  there  was  a  will  left  by 
the  deceased,  w<^h  -^^as  supposed  to  be  in  the  hands  of  M"".  Isaac 
Allerton,  who  was  now  from  home,  vpon  w^*^  ground  the  court 
proceeded  not  further  in  that  businesse  at  that  time,  onely 
they  signified  there  desire  that  the  will  spoken  off  might  be 
brought  forth  at  his  returne  ;  accordingly  at  a  court  held  at 
Newhaven  the  5*^^  of  July  1659,  Mr.  Allerton  appeared,  & 
p^sented  the  said  writeing  as  the  will  of  his  deceased  father, 
but  the  court  findeing  that  neither  Mr.  Allerton  nor  any  other 
was  willing  at  that  time  to  administer  vpon  the  said  estate,  it 
was  ordered  that  y  bookes  of  accounts,  w^^  all  bills  & 
specialities  appertaining  to  the  said  estate,  should  be  deliv- 
ered to  the  secretary,  and  that  by  a  writeing  sett  vpon  the 
door  post  of  the  meeting  house,  intimation  should  be  given  to 
such  as  were  creditors  to  that  estate,  that  if  they  made  their 
appearance  at  the  court  of  magistrates  in  October  next,  their 
demands  should  be  considered  ;  at  w^^  court  sundry  creditors 
appeareing,  to  make  clayme  of  considerable  somes  due  from  the 
said  estate,  Mr.  Isaac  Allerton  prsented  a  writeing,  as  the  last 
will  of  the  deceased,  now  witnessed  vpon  oath  by  John  Herriman 
&  Edward  Preston,  that  it  was  sealed  &  subscribed  by  M^. 
Allerton  deceased,  whilest  he  had  the  vse  of  his  vnderstanding 
&  memory  in  a  competent  measure,  by  w^^^  writeing  it  ap- 
peared yt  Mr.  Allerton  himself  &  his  mother,  the  widdow  of 
the  deceased,  were  made  ioynt  trustees  to  gather  in  &  dispose 
of  the  estate  for  paym*  of  the  said  iust  debts  due  from  the 
same.  The  said  widdow  renouncing  her  part  of  that  trust  & 
no  els  appearing  who  were  willing  to  administer,  the  court  vpon 
request  of  the  said  M"".  Isaac  Allerton,  established  the  sole  trust 


308  RECORDS   OF  THE  [1659 

of  that  businesse  vpon  him,  to  collect  &  dispose  of  the  estate 
for  the  ends  aforesaid,  within  any  of  the  English  jurisdictions 
in  these  parts  of  America,  vpon  engagemt  ^  pmise  of  the  said 
M"".  AUerton  to  attend  that  trust,  &  to  make  p^sent  payment 
proportionably  to  all  &  each  of  the  said  creditors,  according 
to  the  iust  vallew  of  the  estate  here  apprised  in  y^  inventory, 
and  to  gather  in  the  debts  elswhere  with  all  convenient  speed, 
&  to  make  due  satisfaction  in  currant  pay  vpon  moderate 
tearmes,  yearely,  in  proportion  to  all  the  creditors,  for  what  is 
so  collected,  giveing  in  a  satisfying  account  anually  to  the 
court  of  magistrates  here,  of  what  is  so  done,  vntill  all  iust 
debts  be  sattisfied,  that  if  anything  more  shall  appeare  neces- 
sary to  be  done  for  furtherance  of  righteousnes,  the  court 
may  give  further  order  herein. 

[207]  But  II  Mr.  Isaac  Allerton  junior,  in  his  more  serious 
thoughts  about  y^  businesse,  came  the  next  day  vnto  the  court 
&  pfessed  his  discouragment  to  proceed  in  that  trust,  vnlesse 
he  might  be  left  free  to  act  in  it  as  he  saw  convenient,  & 
might  be  dismissed  therefrom  vpon  account,  wheneuer  he 
desired,  w^^  the  court  told  him  could  not  be  allowed  before 
the  court  saw  a  satisfying  or  iust  account  given  of  the  faithfull 
discharge  of  that  trust,  w^^^  he  was  the  rather  to  be  obliged  to 
because  he  was  the  deceaseds  eldest  or  onely  sonne,  who  had 
conferred  that  trust  vpon  him  for  attendance  vnto  righteous- 
nesse  on  his  fathers  behalf,  w^*"  the  court  wished  he  would 
consider  ofiF.  But  what  was  said  or  moued  to  him  that  way, 
p^vailed  not  to  hinder  him  fro  renouncing  &  refusing  to  vn- 
dertake  the  matter,  vpon  the  tearmes  aforesd ;  whereupon, 
(he  often  expressing  that  he  refused  to  meddle  in  it,  but 
would  leave  the  estate  in  the  courts  hands  otherwise  to  be 
disposed  off  &  ordered,  as  they  should  see  cause,)  the  court 
vpon  request  of  the  creditors,  who  had  long  waited  for  an 
issue,  that  so  some  course  might  be  settled  whereby  they 
might  come  to  receive  the  iust  rights  &  dues  fro  the  said 
estate,  did,  with  the  consent  of  the  said  creditors  &  vpon 
their  nomination,  authorise  &  impower  M"".  Richard  Miles 
and  Gervase  Boy  kin,  (to  whom  the  bookes  of  accounts,  w'^ 
bills  &  specialtyes,  were  delivered,)  as  comissioners  in  trust, 
for  collection  &  conservation  of  the  said  estate,  &  to  attend 
the  settleing  &  clearing  accounts  thereabout,  to  agree  w'^' 
Mrs.  Allerton,  the  widdow  of  the  deceased,  about  her  thirds, 
to  make  sale  of  houses,  lands,  op  other  estate  here  found,  or 
to  be  found  w^hin  this  jurisdiction,  to  vse  all  due  meanes, 
either  by  themselves  or  their  attornyes,  whether  by  course  of 
law  or  composition,  to  gather  in  all  or  any  debts,  here  or 


1659]  JURISDICTION   OF   NEW   HAVEN.  .  309 

elswhere  within  the  English  jurisdictions  in  these  parts,  be- 
longing or  due  to  the  said  estate,  to  make  pportionable  distri- 
bution of  what  is  or  shall  be  by  them  so  recouered,  amongst 
the  creditors  respectively,  and  to  give  a  iust  &  true  account 
vnto  the  court  of  magistrates  here  at  Newhaven,  of  whatever 
shall  be  by  them  so  done,  whensoever  it  shall  be  called  for  & 
required,  that  righteousness  may  be  attended  in  this  trust,  and 
a  standing  record  kept  for  view  of  any  y'  may  desire  <fe  seeke 
satisfaction  about  the  whole  carryage  of  this  matter. 

The  estate  of  M^  Allerton  deceased,  according  the  inven- 
tory was  11811,  05%  02d,  w^ii  (M^^.  AUertons  thirds  of  the 
houses  and  lands  being  deducted,)  falling  into  the  hands  of  ye 
creditors,  they  sould  vnto  M'".  Isaac  Allerton  the  dwelling 
house,  orchard  &  barne,  w'l'  2  acres  of  meadow,  (prised  in  the 
inventory  at  751',)  for  1201',  of  -^ch  12OI',  40i'  belonging  to 
M's.  Allerton  for  her  life,  121'  being  given  for  the  reuersion  of 
that  thirds,  M"".  Allerton  became  debtor  to  the  estate  for  the 
house,  &c.,  9211,  fQ^  other  estate  as  prized,  4oi',  05%  02^1,  both 
w^h  are  135i%  05%  02<i,  out  of  w^i'  being  deducted  for  funerall 
charges,  fees,  &c.,  6i%  M''.  Allerton  remaines  debtor  to  the 
estate  for  the  vse  of  the  creditors,  129i',  05%  02'i ;  who  were 
ordered  to  receive  in  trust  pportionably  to  these  somes  follow- 
[208]  ing,  II  Ensigne  Bryan  122i%  0%  2^,  2  peices  of  holland 
by  him  received  to  be  deducted.  Deacon  Miles,  in  behalf  of 
Capt.  Gookin,  111',  i5s^  q^.  Gervase  Boykin,  for  M^.  Ling, 
181%  06%  09'i.  Roger  Allen,  02i%  15%  00^.  M-".  Lord,  ISH. 
Edward  Perkins,  8%  Gd.  Will  Gibbins,  GH  2%  0^,  all  w^h  were 
condemned.  Interest  was  also  pleaded  for  by  some  of  the 
creditors,  w<^h  was  left  to  be  considered. 

Other  demands  were  made  vpon  the  said  estate,  viz%  Sar- 
geant  Jefferies  demanded  about  61%  M''.  Lord,  more  40%  M"". 
Allerton  for  M^.  Maverick,  60i%  02, 0<6'^,  John  Cowper  for  John 
Westall  ^  ,  W'n  Gibbins,  for  M'".  Marshall  in  England,  401% 
Joseph  Alsupp,  for  M--^.  Sheafe,  S^  ;  who  were  told  that  at 
the  court  of  magistrates  in  May  next,  their  demands  w^h  the 
pofe  thereof  shall  be  considered,  w'li  any  other  that  have 
demands  to  make  vpon  y^  sd  estate,  (concerning  w^h  it  was 
ordered  that  such  intimation  shall  be  given,  by  a  writeing 
affixed  to  the  door  post  of  the  meeting  house  of  Newhaven  by 
y®  secretary,)  at  w"^  time  it  is  intended  that  distribution  shall 
be  made  of  the  estate  of  M"".  Allerton,  &  each  man  ordered  to 
receive  that  w^h  right,  according  as  things  shall  then  appeare. 

Henry  Tomlinson  of  Stratford,  being  warned  to  the  court, 
appeared,  to  whom  it  was  declared  that  sundry  of  o""  freinds 
&  neighbours  are   vnsatisfied  concerning  his   late  acting  at 


310  RECORDS   OP   THE  [1659 

Conecticote,  in  a  way  of  viiiust  moUestation  of  the  gouerno''. 
Henry  Tomlinson  desired  to  know  whether  it  were  a  breach 
of  any  law  in  that  jurisdiction ;  he  was  told  that  yt  might  be 
answered  another  time,  but  he  was  now  required  to  attend 
what  the  court  called  him  to  give  answere  to  in  this  jurisdic- 
tion ;  he  was  asked  if  he  knew  any  p^sident  of  like  actings  to 
his  in  any  of  the  colonyes;  to  w^h  he  said  yea,  in  M^.  Hopkins 
his  case  in  the  Massachusetts,  but  was  told  that  y^  was  not  this 
case,  but  done  vpon  a  pticuler  account,  but  this  to  the  gouerno'' 
vpon  publique  respects,  concerning  his  administrations  in  his 
place,  w^^  is  contrary  to  the  articles  of  confederatio  &  of  an 
order  since  by  the  comissioners  recomended  to  the  seuerall 
generall  courts. 

Gervase  Boykin  declared  that  when  the  thing  was  first  heard 
of,  it  was  very  offensive  to  many,  he  thought  y'^  generall  court 
should  take  it  into  consideration  &  pvide  that  such  things 
might  not  be  suffered,  it  being  a  way  to  set  one  jurisdiction 
against  another. 

M"".  "Wakeman  said  that  it  was  an  vniust  molestation  of  the 
cheife  officer  of  the  jurisdiction,  when  sent  out  vpon  the  ser- 
vice of  the  country. 

[209]  II  Jo:  Cowper  said  he  was  affraid  that  he  did  it  to  lay 
y^  jurisdicon  low,  and  it  was  to  him  very  offensive. 

The  Deputy  Gouerno''  told  Hen:  Tomlinson  that  he  knowes 
that  he  neuer  made  any  appeale  to  the  generall  court,  w*'^  he 
might  have  done  had  he  been  vnsatisfied  with  y^  sentence,  nor 
had  he  sought  for  a  review  of  the  action,  but  carried  it  in  a 
flattering  way,  as  one  well  apaid  (as  we  may  say)  w^^  ^hat 
the  court  had  done,  &  thanked  the  court  for  their  lenity  & 
favoure  towards  him,  and  yet  since  hath  carried  it  in  an  irreg- 
ular way  to  throw  vp  foundations,  &  to  breake  the  bond  of 
amity  betwixt  the  collonyes,  &  was  thereby  to  be  looked  vpon 
as  an  vniuersall  disturber  of  the  peace,  and  therefore  as  a  ring- 
leader should  be  made  an  example  vnto  others.  He  was  told 
that  by  the  same  account  all  the  judgments  in  other  jurisdic- 
tions past  vpon  delinquents  might  be  called  ouer  againe,  and 
so  there  will  be  judgment  against  judgment,  execution  against 


1659]  JUEISDICTION   OF  NEW   HAVEN.  311 

execution,  w^h  would  be  like  to  issue  in  the  ruin  of  New  Eng- 
land. 

The  Court  professed  thej  were  not  ashamed  to  justify  their 
proceedings,  &  their  vprightnes  in  them,  before  others,  but 
that  another  colony  should  call  this  colony  to  account  would 
not  be  at  all  yeelded,  we  having  entire  jurisdiction  amongst 
cselues.  Hen:  Tomlinson  was  told  that  if  he  doe  not  lay  it 
to  heart,  God  would  take  notice  of  him  as  one  whose  practise 
tends  to  breake  the  peace  of  the  country. 

It  was  declared  that,  there  being  now  but  a  small  court,  and 
some  of  the  court  might  be  thought  to  be  concerned  in  it,  and 
y^  matter  in  question  respecting  the  whole  colony,  the  deter- 
mination of  the  court  therefore  was,  that  Hen:  Tomlinson 
shall  put  in  security  to  50' •  vallew,  to  make  his  appearance,  & 
to  give  answere  to  what  shall  be  laid  to  his  charge  in  this  mat- 
ter, before  the  generall  court  to  be  held  at  Newhaven,  the  last 
fourth  day  of  the  weeke  in  May  next ;  accordingly  the  said 
Henry  Tomlinson  &  Jer:  Osburne  did  afterwards  engage, 
ioyntly  &  seuerally,  in  the  some  of  50''  for  his  appearance 
before  the  generall  court,  the  day  before  mentioned. 

Will:  East  of  Milford,  being  warned  to  this  court,  appeared, 
who  was  told  that  he  was  bound  to  appeare  here  in  May  last, 
but  he  appeared  not,  but  instead  thereof  sent  a  writeing  to 
excuse  his  non  appearance,  w^^^  satisfied  not;  he  was  told  that 
y®  court  was  now  ready  to  heare  what  he  had  further  to  say, 
why  he  appeared  not ;  to  w^''  he  answered  that  he  had  no  more 
to  say;  wherevpon  he  was  asked  what  he  had  to  say  to  those 
great  &  gross  miscarriages  wherew'^  he  stood  charged.  What 
past  in  court  concerning  him,  in  October  1657  &  May  1659, 
was  now  read,  &  he  was  told  that  these  are  gross  miscarriages 
[210]  by  him  comitted,  that  he  should  make  ||  his  house  a 
house  of  drunkeness,  &  rise  vp  ag'  authority  in  threatenhig 
words,  as  he  had  done,  &  that  he  hereby  shewed  that  he  was 
a  man  fallen  from  God  &  fro  the  pfession  w'=''  he  hath  formerly 
made,  more  then  in  an  ordinary  manner,  and  now  to  goe  on 
to  add  sin  to  sin,  it  was  an  amazing  thing  to  consider  off,  as  if 
he  were  an  atheist  &  without  God  in  the  world,  and  that  he 
carryes  it  as  one  given  vp  of  God  to  satisfie  bis  sensuall  appe- 


312  RECORDS  OF  THE  [1659 

tite,  &  had  thereby  caused  the  name  of  God  to  be  blasphemed, 
and  that  it  was  high  handed  wickednes,  that  when  he  is  found 
drunke  &  told  that  the  meanes  of  his  drunkenesse  shall  be 
taken  away,  that  he  should  rise  vp  against  authority,  what  can 
be  said  why  he  should  not  be  put  in  a  house  of  correction  and 
have  his  meate  &  drinke  sized  out  to  him,  &  that  he  be  kept 
with  what  he  should  earne  with  his  owne  hands  &  his  relations 
have  the  comfort  of  the  rest ;  shall  wickednes  be  suffered,  &  is 
there  no  balme  in  Gilead,  (as  we  may  say,)  no  meanes  found 
out  to  p'"uent  it.  He  was  told  that  there  is  a  remedy,  &  there 
will  be  a  remedy,  &  that  he  must  know  that  he  shall  not  over- 
master to  Gods  dishonor,  and  that  the  sword  of  justice  shall 
not  be  suffered  to  lie  still  when  such  evills  are  comitted.  He 
was  asked  what  security  he  could  put  in  for  his  better  car- 
riage, to  w«=''  he  answered,  that  he  doubted  he  could  give  non. 
He  was  told  that  his  owne  word  was  of  little  vallew  &  not  to 
be  rested  on.  W™  East  was  wished  to  be  wise  for  this  world, 
&  told  that  y*^  sun  had.shined  vpon  him  to  a  great  estate,  but 
he  hath  proued  an  ill  steward,  &  now  God  is  reckoning  with 
him  &  it  was  feared  that  God  would  bring  him  to  the  dust 
againe  in  refferreuce  to  the  things  of  this  life ;  he  was  told 
that  it  is  an  amazing  thing  that  he  is  not  a  terror  to  himself, 
that  he  should  doe  thus  wickedly  in  a  land  of  vprightnes,  & 
not  behold  the  magesty  of  j^  Lord. 

The  Court  further  declared  that  they  were  both  sorry  and 
ashamed  that  he  was  againe  brought  to  the  court  for  such 
delinquency,  he  was  minded  that  he  had  beene  fined  at  Mil- 
ford  w^h  a  smaller  fine,  but  y'  would  not  reforme  him,  after- 
wards he  was  called  to  the  court  of  magistrates,  &  fined  w^^  a 
greater  fine,  but  y^  reformed  not,  after  that  he  was  stocked, 
neither  did  that  reclaime  him,  but  he  still  goeth  on  to  abuse 
himself  in  a  swinish  manner,  so  that  is  a  exercise  to  the  court 
what  to  doe  with  him  &  what  course  to  take  to  reclaime  him. 
He  was  told  that  it  hath  been  intimated,  w'^^^  assuredly  the 
court  will  doe  &  he  was  bid  t^  expect  it,  that  if  he  be  not 
reformed,  the  court  must  lay  him  in  prison  &  keepe  him  to 
prison  diett,  to  pi'uent  these  sinfull  excesses. 

The  sentence  was  that  the  50''  bond  for  his  appearance  in 


1659]  JUBISDICTION   OP  NEW   HAVEN.  313 

May  last  is  forfeited,  &  may  be  called  for  -when  the  court  sees 
cause,  &  seeing  that  fines  &  stocking  reclaimes  him  not  from 
his  drunkeness,  if  hereafter  he  be  found  drunke  againe,  that 
[211]  he  shall  be  corporally  ||  punished  by  whipping  at  Mil- 
ford,  &  bound  ouer  to  the  next  court  of  magistrates  following ; 
&  seeing  he  abuses  himself  in  his  owne  house,  it  was  therefore 
ordered,  that  he  shall  not  have  liberty  to  keep  wines  or  liquors 
in  his  house  save  only  what  shall  be  for  their  comfort,  W^^  he 
shall  see  cause  to  desire  &  the  magistrate  shall  see  cause  to 
license  him  to  have ;  &  this  is  the  triall  the  court  would  make 
of  William  East  at  this  time,  who  was  bid  to  remember  & 
beare  it  vpon  his  heart,  he  goes  vnder  the  divell  as  his  keeper 
in  the  state  he  stands  in. 

Information  beinge  given  by  M^.  Bishopp,  in  the  pi'sence  of 
two  of  the  brethren,  of  the  vncomfortable  &  vnsettled  state  of 
y®  affaires  of  the  churCh  &  towne  of  Stamford,  the  court  saw 
cause  to  advise  &  order,  that  within  20  dayes  after  their 
returne  home,  some  effectuall  course  may  be  taken  among 
themselues  for  settlement  of  things  there  to  mutuall  satisfac- 
tion, concerning  w<=h  issue  they  expect  to  be  certified  vnder 
their  hands  mutually,  within  the  time  before  pffixed,  that  so 
if  need  require,  two  of  the  magistrates  &  two  of  the  elders  may 
be  desired,  &  sent,  before  winter,  to  afford  help  therein,  if  the 
season  proue  sutable,  if  not,  then  in  the  first  oppertunity  in 
the  spring. 

Sigismund  Richalls  (at  his  desire)  had  liberty  till  the  spring 
to  pay  the  fine  of  10''  dew  fro  him,  (as  security  for  John 
Heardma,)  who  is  to  make  his  appearance  at  the  court  of 
magistrates  in  May  next,  to  give  answere  to  what  further  shall 
be  said  to  him  concerning  the  said  matter. 

John  Corey,  Jo.  Swasey,  Tho:  Moore  junior,  M^  Jo:  Booth, 
Joseph  Youngues  senior,  Tho:  Ridar,  Edward  Petty,  are  to 
give  their  answere  in  May  next,  before  this  court,  why  they 
have  not  attended  y^  courts  order  concerning  them  in  May 
last. 

Sargeant  Baldwin  haveing  desired  to  speake  concerning 
what  past  in  court  in  May  last,  declared,  that  it  was  knowne 
y^  hand  of  God  was  vpon  him  by  sicknes  at  that  time,  so  that 
40 


814  RECORDS   OF  THE  [1659 

he  could  not  attend  the  court;  he  now  acknowledged  the 
breach  of  the  eighth  comandem'^  in  that  matter  concerning  the 
mare  then  in  question,  w^^  \iq  pfessed  his  sorrow  for,  w^^ 
desire  that  God  would  help  him  for  the  time  to  come  y*^  he 
might  not  fall  into  y«  like  offence ;  he  also  vnderstood  that  the 
court  had  sentenced  him  to  pay  for  a  colt  w'^'^  issued  fro  the 
mare,  w^h  colt  (he  said)  he  neuer  saw,  but  it  was  taken  away 
by  ye  hand  of  God,  &  no  mans  hand  in  it  for  ought  he  knew ; 
he  desired  the  court  would  be  pleased  to  take  it  into  consid- 
eration, &  for  the  fine  of  5^',  y'  the  court  would  please  to  remitt 
it ;  he  confessed  he  was  not  so  considerate  in  that  matter  as  he 
should  ;  and  fory'  y*^  was  then  presented  as  offensive,  concern- 
ing his  selling  of  liqueurs,  he  pfessed  that  it  was  a  greife  to 
him  yt  God  should  be  dishonoured  in  his  house ;  but  w'^hallj 
he  said,  first  that  what  was  then  reported,  concerning  the 
quantity  of  liquours,  was  not  true,  but  thus  it  was,  yt  by 
[212]  eleaven  men,  or  thereabouts,  ||  there  was  drunk  5 
pintes  of  liquours,  w=h  was  paid  for  by  foure  of  the  company ; 
he  desired  that  God  would  help  him  while  hee  continues  in 
that  imployment  to  be  more  wachfull. 

To  who  the  courts  answere  was,  that  in  refferrence  to  y^ 
strong  liqours,  were  it  not  testified  that  he  was  sick,  it  would 
be  a  great  offence,  &  such  as  would  render  him  vnfitt  to  keepe 
the  ordinary,  but  it  seemes  it  fell  out  by  his  wife,  who,  it  may 
be,  was  not  so  fitt  to  gouerne,  though  the  thing  was  very  scan- 
dalous &  dishonorable  to  religeon,  yet  it  falling  out  by  yt 
meanes,  they  should  not  further  proceed  in  that  matter,  so  it 
may  be  a  warning  to  him,  &  they  would  leave  it  as  a  warning 
vpon  him  for  y^  time  to  come,  y'  he  be  more  carefull  herein ; 
&  for  the  fine  of  5'',  they  suspend  the  takeing  of  it  vntill  fur- 
ther order.  As  for  that  w<=h  is  alleadged  concerning  the  colt, 
it  may  be  considered  before  plainteifs ;  w*^^  was  afterward 
debated  before  the  court,  both  by  pi^  &  defendt,  but  the  court 
saw  no  cause  to  alter  the  former  sentence. 

Ensigne  Bryan  declared  against  M''.  Tho:  Mathewes  for  a 
debt  of  111',  Qs^  gd^  part  of  W^^  d^t  arose  vpon  the  account  of 
excise  or  custom  of  wines  or  liquors  bought  of  M''.  Palmes. 
After  sundry  allegations,  answers  &  replies,  both  by  plaint'  & 


1659]  JURISDICTION   OP   NEW   HAVEN.  315 

defendant,  Ensign  Bryan  declared  that  they  had  spoken 
together  and  had  agreed  to  good  satisfaction. 

Ensigne  Bryan  haveing  attached  the  vessell  of  John  Tomp- 
son,  he  now  desired  that  the  boate  might  be  encluded,  but 
before  the  plaint'  had  declared,  John  Cowper  informed  that 
he  vnderstands  that  the  said  vessell  stood  engaged  to  M^s. 
Sheafe  of  Boston  for  a  debt,  &  vpon  non  payment  by  the  last 
of  September  past,  the  vessell  to  be  forfeited,  but  Jo  Tompson 
comeing  away  the  29'ii  of  September,  the  forfeiture  could  not 
be  taken,  &  yt  Joseph  Alsupp  had  order  from  Mf^.  Sheafe 
about  it ;  w^^  being  spoken,  the  plainteife  proceeded,  &  in  an 
action  of  the  case  declared,  that  sometimes  since,  John  Tomp- 
son desired  him  to  help  him  to  a  vessell,  he  told  him  that  there 
was  a  vessell  at  Fairfeild  w^  was  prised  at  60i',  w^h  was  very 
deare,  but  he  desireing  it,  he  directed  him  to  M^.  Pell  to  buy 
the  vessell,  vpon  condition  to  make  paym'  to  himself,  w^^  ves- 
sell was  bought,  what  the  conditions  were  he  desired  John 
Tompson  to  relate ;  wherevpon  John  Tompson  declared  that 
he  bought  the  vessell  at  60^',  &  the  vessell  was  in  speech  for 
security,  &  yt  sundry  things  were  propounded  but  not  drawne 
vp  in  writeing ;  he  was  asked  if  it  was  agreed  that  the  vessell 
should  be  security,  he  answered  that  there  was  nothing  written ; 
it  was  asked  if  it  was  promised,  he  said  he  could  not  speake  to 
[213]  it,  but  II  his  purpose  was  to  attend  Ensigne  Bryans 
propositions,  &  there  was  no  turne  in  it  differing.  Ensigne 
Bryan  pleaded  if  there  be  a  agreement  owned,  though  the 
writeing  were  not  drawne  vp,  he  sees  not  but  it  should  stand. 
The  court  told  him  that  all  that  they  heard  of  was  that  he 
intended  to  doe  such  a  thing,  but  he  went  away  and  did  it 
not.  John  Tompson  owned  the  debt  of  60'i  was  due  from  him 
to  Ensigne  Bryan,  &  that  what  ppositions  were  made  to  him 
by  Ensigne  Bryan  he  was  willing  to  attend  to,  but  granted 
that  the  vessell  was  engaged  to  M^^.  Sheafe,  and  withall  said 
(but  proued  it  not)  yt  he  had  M'^.  Sheafes  consent  to  come 
away,  who  had  given  him  liberty  for  paym*  till  the  spring. 

Ensigne  Bryan  said  that  he  conceived  the  vessell  was  his, 
being  the  conditions  are  not  fulfilled,  &  desired  that  he  might 
else  be  satisfied  out  of  the  vessell  one  way  or  other. 


316  RECORDS   OP  THE  [1659 

The  Court  told  him  they  would  condemne  the  vessell,  but  it 
must  be  with  caution  that  he  should  be  responsible  to  such  as 
should  proue  a  better  claime.  It  was  there vpon  propounded 
yt  the  matter  might  be  respitted  vntill  Joseph  Alsupp  come  in, 
that  it  may  be  knowne  what  orders  he  hath  from  M'^.  Sheafe, 
that  justice  may  be  done  in  the  case ;  in  the  meane  time  that 
the  attachment  vpon  the  vessell  to  remaine,  w^^  was  the 
pi'sent  issue  &  determination  of  the  court.  But  Jo.  Tompson 
was  told  that  his  actions  are  naught  and  dishonest,  that  he 
would  engage  the  vessell  to  M^s.  Sheafe,  he  knowing  how  he 
stood  engaged  to  Ensigne  Bryan. concerning  her. 

Joseph  Alsvpp,plainteife^  )  The  plaint',  in  behalf  of  M^'s. 

Jo.  Tompson,  defendant,  j  Sheafe  of  Bosto,  declared  again s* 
the  defendant  in  an  action  of  debt,  to  the  valew  of  120'',  vpon 
forfeiture  of  a  bond  for  the  payment  of  60'',  w<='i  bond,  w^^ 
the  letter  of  attorney  authorising  the  pi  to  psecute  in  the  case, 
being  both  read  were  approued. 

The  defendt  acknowledge  y^  debt  of  60",  (12''  or  thereabout 
ariseing  as  he  said  vpon  the  account  of  interest,)  but  withall 
said  that  he  had  further  time  given  by  M^s.  Sheafe  for  paym^, 
who  knew  of  his  comeing  away,  onely  she  desired  the  debt  might 
be  acknowledged  before  M"".  Bellingham  2  or  3  dayes  before 
he  came  thence,  but  it  was  found  to  be  about  16  dayes.  The 
plainteife  replied  that  he  knowes  nothing  of  the  dispensation 
spoken  off,  but  she  desired  that  the  bond  might  be  prosecuted. 
John  Tompson  was  asked  why  the  vessell  w^''  stands  as  secu- 
rity to  Mf  s.  Sheafe  should  not  be  delivered  vnto  her  agent  vpon 
the  forfeiture  of  the  bond,  to  w^h  he  answered  that  he  had  no 
more  to  say,  but  withall  affirmed  that  what  he  had  said,  of 
[214]  M.'^^.  Sheafes  giveing  further  ||  time,  was  true,  but  he 
had  nothing  vnder  her  hand  to  shew,  and  so  must  leave  it  to 
the  court. 

Ensigne  Bryan  desired  that  it  might  be  considered  whether 
the  vessell  be  not  his,  who  pleaded  that  John  Tompson  had 
that  vessell  of  M"".  Pell  by  his  order,  &  that  he  had  desired  M"". 
Pell  to  engage  the  vessell  for  ^curity  till  paym*  should  be 
made,  &  that  M^.  Pell  had  made  him  debtor  for  the  vessell, 

60'i. 


1659]  JURISDICTION  OF  NEW   HAVEN.  317 

To  W^^  Joseph  Alsupp  answered,  that  the  vessell  was  sould 
to  Jo.  Tompson,  who  he  supposes  had  a  bill  of  sale,  w'^'^  now 
did  so  appeare,  for  a  firme  bill  of  sale  from  M^.  Pell  &  John 
Wheeler,  (administrators  to  the  estate  Tho:  Deman,  (whereof 
this  vessell  was  a  part,)  dated  27  Nouember,  1658,  witnessed 
by  Robert  Turner  &  Nathaneel  Seely,)  to  John  Tompson,  but 
Ensigne  Bryan  said  he  neuer  knew  of  it. 

The  Court  told  Ensigne  Bryan  that  it  doth  appeare  by  the 
bill  of  sale  that  the  vessell  is  by  M"".  Pell  &  John  Wheeler  sould 
to  John  Tompson,  &  it  doth  not  appeare  that  the  vessell  was 
by  John  Tompson  actually  engaged  to  him  for  security ;  it  is 
neither  affirmed  by  John  Tompson,  nor  proued  by  any  wit- 
nesses, onely  they  had  such  treatyes,  but  the  thing  was  not 
done,  &  so  the  vessell  remaines  to  John  Tompson,  who  hath 
dealt  dishonestly  to  engage  it  to  M'^.  Sheafe,  knowing  that  he 
stood  so  engaged  to  him  as  he  did. 

The  case  being  heard,  the  court  by  way  of  sentence  declared 
that  theylooke  vpon  the  obligation  as  firme  for  120^',  but  they 
would  not  be  for  extremities,  but  for  furtherance  of  righteous- 
ness; they  have  heard  &  considered  the  plea  of  Ensigne  Bryan, 
but  see  not  his  right  to  the  vessell,  but  doe  order  that  the  ves- 
sell being  duely  prised  by  M^  Rudderford  cfc  Tho:  Morris, 
(vnto  whom  Jo  Tompson  hath  liberty  to  add  a  third  man,)  in 
refferrence  to  such  pay  as  is  exprest  in  the  bond,  shall  be 
delivered  to  Joseph  Alsupp  for  the  vse  of  M^^.  Sheafe;  if  it 
shall  be  prised  at  more  then  60^',  it  shall  be  returned  to  John 
'J'ompson,  but  what  it  falls  short  of  60^'  shall  be  made  vp  out 
of  his  estate,  who  is  to  pay  the  charges  of  apprising  &  fees  of 
court. 

John  Tompson  being  by  the  former  sentence  disabled  to 
pceed  o  in  his  voyage  intended  for  Yirgenia,  a  motion  was  made 
by  John  Biley,  in  behalf  of  Captaine  Clarke  of  Boston,  that  Jo 
Tompson  might  be  enioyned  to  deliuer  back  for  the  vse  of  the 
said  captaine,  a  pcell  of  wines  he  had  put  into  his  hand,  or 
give  security  for  the  same,  w^  being  propounded  to  Jo.  Tomp- 
son, he  chose  rather  to  deliuer  them,  w^h  ^as  so  ordred  by  ye 
court. 
[215]   II  A  letter  fro  M^.  Blinkensopp  of  London  to  the  gou- 


318  RECORDS   OF  THE  [1659 

erne  was  read,  who  therein  desired  his  assistance  for  the 
recouering  a  debt  of  12'',  10%  of  John  Greene  for  goods  deliv- 
ered to  him,  with  half  y^  proffitt  or  advance  vpon  them.  The 
gouerno"^  informed  that  John  Greene  acknowledged  himself 
debtor  to  M''.  Blinkensopp  the  some  of  15'i,  tenn  pounds  of 
w«=^  15,  he  promised  to  pay  this  yeare  in  porke,  the  other  S^i 
the  next  yeare;  w<=ii  lO'i  the  jurisdiction  treasurer  was  ordered 
to  receive  in  trust,  who  was  desired  to  vse  meanes  to  convert 
it  into  beauo^that  it  may  be  ready  to  be  sent  for  England,  or 
otherwise  to  be  disposed  of  as  M"".  Blinkensopp  shall  order. 

Samuel  Plum  of  Branford  appeared,  to  who  the  gouernor 
declared  that  he  had  received  a  letter  fro  M"".  Rawson  of  Bos- 
ton concerning  him  &  his  boy  Edward  House,  who  therein 
complaines  of  wrong  done  to  Edward  House,  being  held  in 
service  beyond  y^  time  exprest  in  his  indenture.  A  coppy  of 
a  indenture  was  by  Edward  House  pi'sented  &  read,  whereby  it 
appeared,  that  w'^  the  consent  of  his  father  Edward  House, 
he  was  bound  vnto  John  Strang  of  Boston,  fro  the  19^^  of 
Aprill,  1652,  forward  for  7  yeares.  Another  indenture  by 
Sam.  Plum  was  pi'sented,  by  w^h  it  appeared  that  the  said 
Edward  House  bound  himself  to  one  Jeffs  for  9  yeares  fro  the 
first  of  May,  1653,  w^  was  assigned  to  Francis  Browne,  &  fro 
Francis  Browne  to  Sam:  Plum.  Edward  House  was  asked 
how  this  came  to  pass,  that  he  set  his  hand  to  such  an  inden- 
ture; to  w^h  he  answered  that  he  was  forced  to  it  in  the  shipp, 
being  threatened  tq  be  throwne  oner  board  if  he  would  not 
yeeld  to  it,  &  he  also  told  him  if  he  would  doe  it  he  should  go 
to  sea  &  see  his  freinds  once  a  yeare,  &  y*  Jeffs  gave  him 
liquours  so  that  he  was  not  himself,  &  thereby  drew  him  to 
sett  his  hand  to  it,  &  that  this  was  done  when  he  was  about 
12  or  13  yeare  old. 

The  Court  declared  that  Edward  House,  being  then  but 
about  12  or  13  yeares  of  age,  he  was  not  capeable  of  makeing 
an  indenture,  w^^  (by  his  relation)  he  was  also  forced  to,  and 
he  having  parents  in  England,  it  cannot  be  thought  raitionall 
yt  he  should  be  left  to  himself  tO^  dispose  of  himself,  nor  can 
it  be  judged  a  valid  act.  It  was  demanded  of  Samuell  Plum 
what  he  had  to  say  why  he  should  hold  the  boy  beyond  the 


1659]  JUEISDICTION  OF  NEW  HAVEN.  319 

time  exprest  in  the  first  indenture,  to  W^^  he  answered  that  he 
bought  him  of  Francis  Browne,  in  his  p^sence,  for  the  time 
remaining  of  the  indenture  dated  the  first  of  May,  1653, 
against  W^^  he  then  objected  not,  w^^  indenture  is  made  ouer 
to  him  fro  Francis  Browne,  but  was  told  that  that  is  invalid, 
being  the  boyes  act,  w^^out  consent  of  either  his  parents  or 
authority;  if  Francis  Browne  have  done  y*^  w^h  is  not  right, 
he  may  have  justice  against  him,  but  the  boy  must  not  suffer 
by  it.  The  case  being  heard,  the  gouerno'",  in  the  name  of 
[216]  the  II  court,  declared  that  they  saw  not  ground  why 
Sam:  Plum  should  hold  the  boy  any  longer,  but  doe  judg 
that  his  time  expired  in  Aprill  last,  &  that  the  indenture 
bindeing  to  Jeffs  is  invalid,  being  wt^out  consent  of  either 
parents  or  guardian,  but  is  rep^sented  as  a  thing  forced,  vr^^, 
if  the  man  were  p''sent  &  the  thing  proued,  would  be  witnessed 
against.  It  further  appearing  that,  by  the  coppy  of  the 
indenture  p''sented,  his  time  of  service  ended  in  Aprill  last, 
since  which  time  Sam:  Plum  hath  had  the  benifitt  of  him, 
that  therefore  by  the  first  opportunity,  at  his  charge,  he  be 
sent  to  Mr.  Rawson  to  be  conveyed  to  his  father,  being  first 
furnished  with  double  cloathing,  according  to  y^  custom  of 
the  country. 

Robert  Vsher,  plainf.  )  The  plaint,  entred  an  action  of  the 
Geo:  Slaivson,  defendt.  )  caseinthebehalf  of  Edward  Jessupp, 
&  declared  concerning  a  horse  taken  vp  &  detained  by  the  de- 
fendt, &  that  after  ye  said  horse  had  been  demanded  of  him 
by  Jessupps  order  (dated  the  third  of  March  1658,  witnessed 
by  Richard  Horton,)  to  the  plaint,  to  demande  this  horse, 
W^h  was  read ;  vnto  w=^  y^  defendt  answered,  that  this  horse 
w<=^  the  plaint,  sues  for,  he  tooke  vp  as  a  stray,  about  May 
was  twelue  moneth,  the  horse  came  into  3  acres  of  his  pease 
and  eate  one  acre  to  the  ground,  he  endeavoured  to  drive  him 
out  but  he  would  still  returne  to  that  place  againe,  6  y^  mor- 
row he  got  three  of  his  neighbours  with  their  horses  to  fetch 
him  to  y®  pound,  &  at  last  they  got  him  into  his  barne,  where 
he  looked  for  his  markes,  but  found  no  artificiall  marke  vpon 
him ;  now  he  not  knowing  where  to  require  poundage  & 
damage,  he  went  to  Joseph  Meade  &  desired  him  (he  being 


320  RECOEDS   OP  THE  [1659 

one  that  was  much  imployed  in  looking  vp  horses)  to  informe 
him  whose  y®  horse  was,  he  answered,  it  is  Crabbs  colt,  he 
asked  him  if  he  were  sure,  he  answered  he  could  not  tell 
whose  else  it  should  bee,  wherevpon  he  told  Crabb  that  he 
had  taken  vp  such  a  colt,  vpon  w'^^  he  &  Joseph  Mead  came, 
&  haveing  looked  vpon  him,  Crabb  said,  he  thought  it  was 
non  of  his,  he  thought  his  were  all  marked,  Joseph  Meade 
wondered  that  he  would  not  owne  him,  &  yt  ^as  the  present 
issue  at  that  time ;  after  this,  he  cryed  him  at  a  towne  meet- 
ing twice,  &  againe  vpon  a  training  day,  at  w<=h  time  the 
plaint'  said  it  was  Jessupps  horse,  but  he  knew  him  not,  nor 
shewed  any  order  fro  Jessupp,  nor  produced  any  proofe  that 
it  was  his,  therefore  he  tooke  little  notice  of  what  he  said, 
but  he  kept  j"  horse  vp  32  dayes,  hopeing  the  owner  might 
appeare ;  the  generall  court  drawing  neare,  he  desired  y^ 
deputies  to  propound  it  to  y"  court,  &  they  brought  him  word 
that  he  should  set  |  vpon  him,  but  y®  plaint'  all  this  while 
said  nothing  ;  after  this  he  kept  him  &  teddered  him,  but 
seeing  no  issue  he  turned  him  into  the  woods  where  he  now 
is.  But  of  late  the  plaint  layes  a  fresh  claime  to  him  &  went 
to  Leiftennt  Bell  &  desired  that  the  horse  might  be  deliuered 
to  him,  w°i>  Leiftenn'^  Bell  certified  vnder  his  hand,  to  W^^  j^q 
replied  y*^  he  expected  y'  first  he  should  proue  the  horse  to 
be  his  ;  now  in  September  last,  w^^  was  a  yeare  &  half  after, 
[217]  the  plaint  brought  Joseph  Meade  ||  and  a  little  youth 
to  make  proofe  of  it,  y^  validity  of  whose  testimony  he  ques- 
tions ;  but  being  willing  to  peace,  he  told  the  plaint  that  if 
he  would  pay  y«  damage  &  charges,  (w^^^  he  wo\ild  refer  to 
two  men  to  judg  of,)  he  would  deliver  the  horse  ;  and  to 
prove  it,  p'"sented  the  testimony  of  Daniel  Scofeild,  who 
testifieth, 

That  Geo :  Slawson  did  offer  Robert  Vsher  the  stray  horse 
in  case  he  could  finde  him,  vpon  this  condition,  that  he  would 
pay  him  (the  said  Georg)  all  iust  charges  &  damages  that 
legally  he  could  make  appeare  ;  and  also  the  said  George  did 
tell  the  said  Bobt  Ysher  that  lie  would  willingly  put  the  case 
vnto  two  indifferent  men,  the  one  being  chosen  by  one,  the 
other  by  the  other,  then  the  said  George  Slawson  offered  the 


1659]  JURISDICTION   OF  NEW   HAVEN.  321 

said  Robt  that  any  damage  that  was  done  to  him  concerning 
the  horse  he  was  also  willing  to  put  to  arbitration. 
Vpon  oath  taken  before  mee, 

Francis  Bell.         Octob.  12,  1659: 

To  W^h  the  pi  now  said,  that  he  was  willing  to  put  it  to  foure 
men,  W^^  ^e  should  proue,  &  to  that  end  pi'sented  the  testi- 
mony of  Richard  Hardy,  who  saitli, 

That  Robert  Vsher  &  Geo:  Slawson  haveing  debate  about 
the  stray  horse,  the  said  Geo:  Slawson  would  put  it  to  reffer- 
ence,  but  would  agree  to  have  but  one  man  apeice,  the  said 
Robt  would  have  two  men  apeice,  but  the  other  would  not 
agree  to  that ;  then  I  said  to  the  said  Slawson,  you  have  in 
your  brest  the  man  you  intend  to  have,  &  he  said,  it  may  be 
he  had,  &  I  did  api'hend  that  foure  men  is  little  enough  to 
end  the  busines,  also  that  Robt  Vsher  did  offer  him  that  if 
he  would  deliver  the  horse  to  the  said  Robt,  he  would  put  in 
security  to  beare  the  said  Geo:  harmles  if  any  other  man 
should  lay  claime  to  him. 

Taken  vpon  oath  before  mee,     Francis  Bell. 
The  15th  October  1659. 

Joseph  Meade  now  in  court  said,  as  touching  the  first  part 
of  the  defendants  declaration,  that  he  came  to  gaine  informa- 
tion it  is  true,  &  he  said  to  him  this  horse  I  cannot  say  whose 
it  is,  but  he  thought  it  was  Crabbs  or  Jessupps,  for  both  Crabb 
&  Jessupp  had  such  a  horse,  both  for  couler  &  naturall  marks, 
but  he  knew  not  how  to  distinguish  them  vnles  the  markes 
were  searched,  but  when  they  had  searched  the  horse  &  found 
no  artificiall  marke,  he  then  told  the  defendt  that  he  might 
judg  that  it  was  not  Crabbs  because  it  was  not  marked,  but 
he  tooke  it  to  be  Jessupps,  &  besides  his  owne  knowledg  he 
enquired  of  another,  who  told  him  that  Jessupps  horse  lay  on 
such  a  neck,  w^^  did  the  more  confirme  him  in  it  that  this 
horse  is  Jessups. 

But  the  defendant  replied  that  Joseph  Meade  left  it  darke 
whose  the  horse  was,  &  spake  of  Crabb  as  the  owner,  &  to 
proue  it  he  p^sented  the  testimony  of  Francis  Browne  who 
saith,  ^ 

I  being  at  Goodma  Slawsons  barne,  I  seeing  Joseph  Meade 
&  goodman  Crabb  lookeing  vpon  a  horse  w^h  goodman  Slaw- 
son tooke  vp  for  a  stray,  I  heard  Joseph  Mead  say  that  the 
horse  was  goodman    Crabbs,  but  goodma  Crabb  would  not 

41 


322  RECOEDS   OP  THE  [1659 

own  him,  &  Joseph  Mead    seemed  to  be  troubled  that  he 

would  not  owne  him.     This  is  to  the  best  of  my  remembrance. 

This  taken  vpon  oath  before  mee, 

Francis  Bell.     Octob.  17.  1659. 

Rich.  Lawes  now  in  court  testified  that  he  was  p^^sent  at  y« 
same  time,  &  Joseph  Mead  did  without  doubt  (as  he  tooke 
notice  off)  say  it  was  Crabbs,  but  did  not  mention  Jessupp  as 
he  remembers. 

[218]  II  Joseph  Mead  was  asked  how  that  w^'i  he  related 
will  stand  w'^'  what  is  testified  by  Rich  Law  &  Francis 
Browne,  to  w^^i  he  answered  that  he  did  not  busy  himself  to 
reconcile  his  relation  &  their  testimony,  for  he  could  not  grant 
what  they  said  ;  he  was  asked  if  he  could  proue  that  he  men- 
tioned Jessupp,  he  answered  y^  he  supposed  the  claime  was 
grounded  on  what  he  had  said ;  he  acknowledged  that  part 
was  testified  truly  by  Rich.  Lawe  &  Francis  Browne,  but 
another  part  is  left  out,  but  if  their  memory  faile,  he  could 
not  help  it. 

To  proue  that  this  horse  was  demanded  by  the  pi  of  the 
defcndt,  he  p'sented  the  testimony  of  Rich.  Hardy,  taken 
vpon  oath  Sept.  '^^^  1659,  who  saith. 

That  Robt  Vsher  did  demand  the  horse  w<^h  goodm:  Slaw- 
son  tooke  vp  for  a  stray,  for  goodman  Jessupp,  at  the  head  of 
y°  traine  band,  quickly  after  he  was  brought  in  question,  (as 
he  takes  it,)  before  the  horse  had  any  stray  brand  given  him, 
this  demand  was  made  in  y*^  yeare  1658,  a  little  after  the 
spring,  and  likewise  WiH  Oliver  doth  testify  the  same. 
Taken  vpon  oath  before  mee, 

Francis  Bell.     Sept.  9,  (59.) 

For  to  prove  the  horse  to  be  his,  the  pi  pi'sented  y^  testimony 
of  Jonathan  Lockwood  <fe  Josua  Knapp. 

This  is  that  my  thoughts  are,  concerning  the  horse  that 
goodman  Slawson  have  taken  vp  for  a  stray,  I  do  really  thinke 
that  it  was  one  of  goodman  Jessupps  horses  because  it  is  so 
like  his  breed. 

By  mee,  Josua  Knapp. 
Taken  vpon  oath,  Octob.  17,  (59.) 

before  mee,  Francis  Bell. 

Concerning  that  w^^  Jonathan  Lockwood  can  say  concern- 
ing ye  horse  that  goodman  Slawson  hath  taken  vp  for  a  stray 


1659]  JURISDICTION   OF  NEW  HAVEN.  323 

is  thus  much,  he  doth  verily  beleeue  it  was  one  of  Edward 
Jessiipps  horses,  because  he  is  so  like  his  breed. 

By  mee,  Jonathan  Lockwood. 
Taken  vpon^oath  Octobr  17.  59. 

before  mee,  Francis  Bell. 

The  defendt  replied  that  the  last  winter  his  sonne  brought 
home  a  horse  very  like  this  in  question,  but  they  lookeing  fur- 
ther on  him  found  him  to  be  marked  w^^^^  Crabbs  marke, 
therefore  he  judges  the  testimonyes  last  read  to  be  weake. 

To  w^'i  the  pi  answered  that  this  proves  the  triieth  of  that 
w^h  Joseph  Mead  had  said,  that  Crabb  had  such  a  one. 
October  IQtii,  59. 

The  deposition  of  John  Bates  vpon  oath,  he  saith  that  he 
rideing  out  into  the  woods  w'^  Joseph  Mead  to  looke  vp 
horses,  about  the  begining  of  June  last,  &  came  vp  to  a 
company  of  horses,  in  w'^'^  company  there  was  a  young  horse 
of  Goodman  Crabbs,  w^^  I  judg  was  about  three  yeares  of 
age  then,  and  Joseph  Meade  desired  mee  to  observe  &  looke 
well  vpon  the  horse  to  see  what  diiferrence  I  could  finde  or 
make  between  y^  horse  of  goodman  Crabbs  &  the  horse  taken 
vp  by  goodman  Slawson,  w^h  \^q  called  the  stray,  &  I  did  veiw 
the  horse  dilligently  &  could  not  make  any  difference,  either 
couler  or  naturall  markes,  and  in  coutenance  &  bignes,  seemed 
as  if  it  were  the  stray,  only  this  differrence,  that  goodman 
Crabbs  horse  was  in  better  plight. 

Taken  before  mee,  Francis  Bell. 

The  defendt  pi'sented  y^  testimonies  following,  to  proue  that 
Jessupps  mare  had  no  colt. 

The  testimony  of  Jonathan  Reynolds  of  Greenwich,  Oc- 
tob.  11,  59. 

Jonath.  Rennals  affirms  vpon  oath,  that  the  mare  w^h  was 
[219]  in  II  differrence  betwixt  goodman  Jessupp  &  goodman 
Crabb,  when  shee  was  in  goodman  Crabbs  yard,  to  the  best  of 
his  remembrance  there  was  no  colt  with  her  when  he  first 
tooke  her  vp  &  put  a  halter  on  her. 

Taken  before  mee,  Francis  Bell. 

W'n.  Hubberd  his  testimony  vpon  oath,  the  11*^  October 
1659. 

The  said  deponent  testifyeth  that  the  mare  w<=-^'  was  in  dif- 
ference betwixt  goodman  Jessop  &  goodman  Crabb,  I,  the  said 
William  Hubberd,  did  fetch  her  out  of  the  feild  w'i'  Abaham 
Frost  so  soone  as  we  did  heare  shee  was  come  out  of  the 
woods,  w^h  was  in  the  winter  before  there  was  a  triall  about 


324  EECOEDS   OF   THE  [1659 

her  at  New  Haven,  &  there  came  vp  three  or  foure  jades  w^h 
her  &  there  was  no  coult  in  the  company.  Moreover  I  en- 
quired, but  could  neuer  heare  of  any,  for  I  should  have  had 
half  the  coult,  (if  it  could  have  beene  found,)  for  the  lookeing 
of  it  vp. 

Taken  before  mee,  Francis  Bell. 

The  testimony  of  Abraham  Frost,  this  lO^h  of  Octob--  1659, 
vpo  oath. 

This  is  it,  that  I  &  W'"  Hubberd  fetcht  vp  the  mare  y*  was 
in  difference  betwixt  Richard  Crabb  &  Edward  Jessupp,  the 
winter  before  it  was  tryed  at  Newhaven,  &  then  the  said  mare 
had  no  coult  with  her  &  yt  time  was  the  first  time  that  I  had 
scene  her  or  yt  any  body  else  had  scene  her  y*^  yeare  as  I 
knew  off.  Taken  before  mee.  Franc  Bell 

Also  a  cirtificate  subscribed  by  Jonath.  Rennalls  &  W"" 
Hubberd  was  p'"sented  &  read,  &  is  as  followeth, 

These  certify  the  hono''ed  court  y*  it  being  reported  that 
wee  Jonathan  Rennalls  &  W^  Hubberd,  did  tell  Joseph  Mead 
or  Robert  Vsher  that  we  did  see  a  coult  come  vp  with  the 
mare  at  y^  time  as  is  specified  in  o''  oathes,  we  heare  affirme 
yt  we  did  not  see  any,  neither  did  we  so  say  to  any.  Witness 
or  hands,  Octob:  11,  1659. 

Richard  Lawes  in  court  declared  that  when  the  mare  was 
brought  vp  first,  Crabb  sent  to  them  for  their  advice,  shee 
haveing  beene  in  controversy,  vpon  w«=h  Francis  Bell  &  hee 
went  in  winter  to  see  the  mare,  at  w'^'^  time  she  was  very 
fatt,  but  no  appearance  of  any  coult. 

Joseph  Mead  said  that  he  was  appointed  to  looke  after  Jes- 
supps  mares,  accordingly  he  did  ;  this  mare  he  knew  of  her 
first  coult,  w^'i  was  two  yeares  elder  then  this,  the  next  yeare  j" 
mare  had  no  colt,  the  yeare  after  yt  (to  appearance)  the  mare 
was  forward  -w^^  fole,  but  before  he  saw  it,  W""  Hubberd  was 
imployed  by  Crabb  to  fetch  vp  the  mare,  who  brought  her  vp 
&  granted  that  she  had  a  coult,  w^^  he  did  and  had  reason  to 
minde,  being  imployed  by  Jessupp,  after  this,  he  meeting  with 
a  company  of  horses  w^h  w'^^  there  being  a  brown  coult  w^^ 
a  small  starr,  without  a  dam,  he  brought  it  vp  &  bid  Robt 
Vsher  observe  it,  telling  him  y*  I  thought  it  was  the  coult  of 
that  mare,  &  y'  vpon  Hubberds  words,  as  also  because  the 
mare  had  no  the  yeare  before.  This  was  y^  winter  before  the 
aforesd  triall. 


1659]  JURISDICTION   OF   NEW   HAVEN.  325 

The  testimony  of  Angell  Husted,  Octob^  13,  1659,  was 
p''sented,  who  saith  that  the  mare  j^  was  in  differrence  betwixt 
goodman  Crabb  &  Edward  Jessupp,  that  after  a  day  or  two 
that  she  was  brought  vp  the  winter  before  the  triall  of  her  at 
Newhaven,  that  he  saw  no  coult  w^^  the  mare,  nor  neuer 
heard  of  any.     Witness  my  hand. 

Angell  A  :   H  :  Husted. 
his  marke. 

I  John  Hobby  testify  that  I  being  p'sent  when  goodma 
Crabb  tooke  vp  the  mare  w^h  goodman  Jessupp  laid  claime  to, 
[220]  there  being  ||  some  of  the  neighbours  by,  we  began  to 
enquire  one  of  another  where  her  coult  was,  for  we  saw  no 
colt  in  the  company  that  she  was  with,  wherevpon  we  judged 
among  oi'selues  that  she  had  no  coult  that  yeare  or  els  had 
lost  it.  John  Hobby. 

Daniell  Simkins  saith  that  the  mare  that  was  in  controuersy 
betweene  goodman  Crabb  &  goodman  Jessupp,  w'^  vpon  triall 
fell  to  be  goodman  Jessupps,  when  goodman  Cra1>b  tooke  her 
vp  shee  had  a  colt  with  her  w'-'^  followed  her,  w^^^  Daniell 
Symkins  look^  at  to  be  that  mares  colt,  &  Tt  was  a  darkish 
browne  w^h  a  little  starr  in  the  forehead,  &  when  the  mare 
was  taken  vp,  the  colt  neighed,  &  being  parted  fro  her  by 
reason  of  the  fence,  the  colt  went  away  with  the  other  horses, 
and  as  they  went  away  ye  mare  neighed,  &  to  appearance 
shewed  herself  discontented  after  the  colt  was  gone. 

Ye  marke  of  Daniell  ~\  Simkins. 

M^  Richard  Mills  doth  testify  that  the  mother  of  Daniell 
Simkins  doth  affirme  that  her  sonne  is  vpwards  of  15  yeares 
of  age,  also  the  said  Daniell  did  affirme  to  M"".  Mills  that  what 
he  had  testified  was  the  trueth  concerning  ye  coult,  also  the 
father  &  mother  of  the  said  Daniel  doe  affirme  that  they  have 
found  him  carefull  in  speakeing  trueth,  the  same  doth  M"". 
Mills  affirme  of  him,  being  his  scholler. 

This  testimony  taken  before  mee,  Mathew  Gilbert. 

The  defend'  declared  that  the  charges  &  trouble  about  this 
horse  doth  amount  to  50%  &  the  plaint'  desired  that  the  worke 
done  by  the  horse  might  be  considered  <fe  deducted,  &  p^sented 
the  testimony  of  Isaac  Finch,  w^h  was  read,  &  is  as  followeth, 

&  he  saith  that  he  saw  John  Slawson  two  or  three  seuerall 
times  ride  to  &  againe  after  ye  cowheard  vpon  the  horse  called 
the  stray,  also  he  lett  Tho.  Closse  have  him  in  ye  woods  to 
looke  after  horses.  Given  in  vpon  oath,  Octob''  15,  59. 

Before  mee  Francis  Bell. 


326  RECOEDS   OF   THE  [1659 

Robt.  Penoyre  vpon  oath  testifieth,  that  he  mett  with  Tho 
Closse  rideing  on  the  stray  horse,  &  came  then  out  of  the 
woods  fro  lookeing  of  horses,  &  he  mett  with  him  at  y^  corner 
of  goodman  Weeds  fence,  &  he  came  off  fro  the  horse  backe 
&  ye  horse  reeled  (as  hee  app''hended,  being  tired,  &  at  the 
same  time  John  Slawson  gatt  6  his  backe,  &  as  he  got  vp  y* 
horse  reeled  as  before. 

Octob.  17,  59.     Before  mee  Francis  Bell. 

The  Court  haveing  heard  the  case  largly  pleaded,  both  by 
pi  &,  defendt.  &  the  testimonies  given  in  o  either  side,  by  way 
of  sentence  declared  &  ordered,  that  40*  being  paid  by  y^ 
plaint  vnto  the  defendt,  for  charges  expended  &  paines  taken 
about  the  said  horse,  that  the  plaint,  shall  be  possest  of  him, 
prouided  that  he  put  in  security  vnto  Francis  Bell  y^  constable 
of  Stamford,  to  the  vallew  of  the  horse,  to  be  responsible  to 
any  that  shall  prone  a  better  title  to  him  betwixt  this  &  the 
middle  of  May,  1661,  other  charges  exspended,  either  by 
plaint  or  defendt  in  the  psecution  of  this  business,  is  to  be 
borne  by  themselues  respectively. 

[221]  II  George  Slawson  complained  concerning  damage  that 
is  done  in  their  corne  by  horses  not  belonging  to  the  inhabit- 
ants of  Stamford,  &  the  owners  not  being  pi'sent,  they  know 
not  where  to  require  the  damage.  Joseph  Meade  answered 
that  he  knew  no  need  of  complaint,  for  he  knowes  of  no  great 
damage,  &  what  damage  is  done  is  through  defective  fences, 
he  further  said  that  he  had  ppriety  at  Stamford,  but  if  they 
intend  M"".  Michells  horses,  if  the  court  order  that  they  shal 
be  remoued,  he  supposes  it  will  be  attended ;  the  court  told 
him,  if  the  towne  of  Stamford  be  vnsatisfied,  such  horses  as 
belong  not  to  the  inhabitants,  must  be  remoued.  Joseph 
Mead  was  asked  whether  rates  were  paid  to  the  jurisdiction 
for  those  horses,  to  w<=h  he  answered  that  it  was  not  required, 
wherevpon  the  court  declared,  that  it  was  iust  y^  what  rates 
are  behinde  for  such  horses  should  be  paid,  else  y«  jurisdicon 
is  wronged,  w^''  those  intrusted  at  Stamford  ought  to  looke 
after.  Joseph  Mead  did  now  engage  to  answere  any  iust 
charges  which  by  darhage  or  othe^ise  should  arise  vpon  the 
horses  or  mares  belonging  either  to  himself,  M^.  Mitchell  or 
Edward  Jessupp,  while  they  continue  at  Stamford. 


1659]  JURISDICTION   OF  NEW   HAVEN.  327 

The  last  fourth  day  of  the  weeke  in  Nouember  next,  was 
appointed  for  a  publique  thanksgiveing  for  the  mercyes  of  the 
yeare  past. 


At  a  Court  of  Magistrates  held  at  Newhaven  Febr,  15, 
1659. 

Richard  Raymond,  of  Salem  within  y^  colony  of  the  Massa- 
chusetts, entred  an  action  of  molestation  against  Captaine 
John  Penny,  &  declared  concerning  a  vessell,  (called  the 
Black  Eagle,)  and  goods,  seized  by  the  said  captaine  on  the 
7*^  of  December  last,  but  the  said  captaine  appeared  not,  but 
instead  thereof  by  his  doctor  sent  a  letter,  dated  February  the 
14fi»,  to  excuse  his  nonappearance,  w^h  was  read  &  is  as  fol- 
loweth, 
Honnered  S". 

Be  pleased  to  take  notice  that  I  am  not  in  a  capacity  to 
attend  your  hono'"ble  court  of  magistrates,  by  reason  of  my 
weaknes,  &  your  honners  may  be  pleased  to  examine  the 
bearer  hereof  concerning  my  strength  at  pi'sent,  who  will  give 
you  satisfaction  of  my  condition.  S^s  if  you  will  com  aboard, 
I  shall  give  your  homier  satisfaction  concerning  my  comission, 
W^h  I  suppose  will  give  content  to  this  houfble  court.  S^, 
were  I  but  able  to  attend  the  court,  you  should  finde  mee  w*^'' 
my  witnesses  to  let  M^".  Raymond  know  that  is  not  hee  or  his 
speeches  shall  carry  that  vessell  from  mee,  w^^  is  a  lawfull 
prize;  which  I  sliall  make  appeare.  He  hath  beene  pleased 
to  put  forth  words  that  he  hath  an  execution  granted  by  your 
hon"-  against  my  body  &  goods,  w^ii  I  must  confesse  doth 
trouble  mee,  in  the  respect  of  his  vnfidelityes.  S'",  I  have  no 
further  to  trouble  your  hon^s  at  pi'sent,  but  rest  your  freind  to 
serve  you.  Jolm  Penny. 

His  doctor  affirmed  that  he  was  not  able  to  attend  ye  court 
withall  adding  that  further  he  had  not  to  say,  wherevpon,  the 
[222]  II  season  being  cold,  the  court  remoued  to  a  private 
house  to  consider  of  this  matter,  &  in  answere  to  the  captains 
ire,  returned  in  writeing  by  the  marshall  as  foUoweth, 
Captaine  Penny, 

We  being  mett,  as  the  court  of  magistrates  for  this  colony, 


328  RECOKDS  OF  THE  [1659 

to  attend  ^I''.  Raymonds  complaint  against  yourself  for  take- 
ing  fro  him,  as  he  saith,  his  vessel!  &  goods  vniustly,  to  his 
great  damage  &  molestation,  did  expect  your  appearing  by 
yourself  or  attorney,  to  have  answered  his  pleas  in  y^  case 
depending,  but  instead  of  attending  vs  or  the  matter,  psonally 
or  by  attorney,  w=b  doubtles  you  were  not  disenabled  to  have 
done,  nor  needed  to  have  feared  any  disadvantage,  to  yo"" 
cause  by  o""  ouer  hasty  proceedings  to  an  issue,  for  in  case  your 
first  instructions  had  not  sufiiciently  furnished  yo""  agent,  to 
answere  or  proue  what  might  appeare  needfull  for  cleareing 
any  matter  brought  into  question,  we  should  have  given  con- 
venient time  to  repaire  to  your  self  for  further  information,  & 
yet  shall  soe  doe,  out  of  respect  vnto  yoi'self  &  vnto  peace  w^Ij 
righteousnes.  We  are  sorry  you  should  receive  such  an  irra- 
tionaU  &  euill  report  concerning  our  granting  execution  before 
triall,  w^h  is  most  false,  and  w^h  M"".  Raymond  denyed  in 
court,  as  also  that  you  should  expect  vs  to  leave  o""  vsuall 
place,  to  goe  &  attend  this  case  o  board  yo""  shipp,  &  so  lay 
downe  o^"  authority  to  attend  yo'^,  for  ye  pofe  or  evidence  of 
yo""  acting  legally,  whereas  you  needed  not  to  feare  the  doeing 
of  it  here  to  be  any  hazard  of  y^  losse  of  your  comission,  nor 
shall  it  so  be  now,  for  we  assure  you  y^  no  lawfull  comission 
shalbe  taken  fro  you,  but  returned  w^*^  safety.  In  w<=^i  if  you 
psist  still,  refuseing  to  attend  one  way  or  other,  to  give  an 
account  of  your  action  before  vs  in  court  at  o""  vsuall  place  o 
shore,  where  we  have  alwayes  attended  both  matters  respecting 
land  &  sea,  betwixt  pty  &  pty  resideing  in  o""  jurisdiction,  & 
that  wt*i  good  likeing  &  approbation  to  the  comon wealth  of 
England,  who  have  by  comittee  of  Parliam*  encouraged  vs 
therein,  we  shall  then  looke  vpon  your  caryage  herein  as  slight- 
ing o""  authority,  and  not  sutable  to  a  peaceable  accomodation, 
nor  speake  for  iustice  of  your  action  w^^  M^.  Raymond. 
Wherefore  let  vs  have  such  answere  herein  speedily  from  you 
by  this  bearer,  y*  we  may  so  pceed  in  the  businesse,  as  that  we 
may  have  cause  to  remaine  yo^  freinds. 

By  order  (5f  the  Court  of  Magistrates. 
&-  Will.  Gibbard,  Secret. 
This  15th  of  Febr.  1659. 


1659]  JURISDICTION   OP   NEW   HAVEN.  329 

A  second  letter  was  received  fro  tlie  captaine  Febr.  16,  w^h 
is  as  foUoweth, 
S-. 

Yo^'s  I  have  received,  wherein  I  vnderstand  that  you  are 
displeased  because  I  had  not  gotten  a  attorney  to  have  answered 
the  court,  but  I  being  a  stranger  in  tliese  parts,  knew  no  man 
yt  could  pforme  y'  business,  for  mee,  neither  have  I  any  man  in 
my  shipp  to  doe  it,  the  bearer  hereof  you  may  be  pleased  to 
examine  y^  witnesses  w'^'^  he  shall  mention  vnto  yo'"  hon", 
[223]  whereby  you  may  ||  see  M'".  Raymonds  indirect  dealings, 
&  as  you  are  pleased  to  tliinke  that  I  doe  not  act  as  I  formerly 
seemed  to  be,  I  know  not  the  reason  why  such  thoughts  sliould 
be  of  mee.  And  as  you  are  pleased  to  write  that  you  are  not 
to  goe  fro  the  vsuall  place  where  you  keepe  court,  it  is  not  any 
desire  of  mine  that  you  should  doe  soe,  but  no  comander  dotli 
carry  any  power  on  shore  except  it  be  in  an  admirall  court,  fro 
whence  he  hath  his  power.  And  for  any  action  w'^  M''.  Ray- 
mond, I  questio  not  any  damage  can  come  to  mee  in  any 
admirall  court.  8%  I  desire  you  to  veiw  the  act  past  in  the 
yeare  (62,)  wherein  wee  vnderstand  that  noe  Duch  man  ought 
to  trade  in  harbour,  creeke  or  coue  of  America,  but  is  a  law- 
full  prize.  Gentlemen,  I  am  not  in  a  capacity  to  enlarge  at 
p^'sent,  but  rest,  Yo'"  Servant,  John  Penny. 

Febr.  16,  (59.) 

To  well  this  following  answere  was  returned. 
Captaine  Penny, 

We  have  received  yo""  letter  dated  Feb^.  16,  (59,)  w^'i 
speakes  nothing  to  the  maine  question  w^"  we  desire  to  be 
satisfied  in,  viz:  whether  you  will  come  to  a  triall  or  noe  w"^'' 
M''.  Raymond  here,  by  constituteing  an  attorney  to  appeare  o 
yo^"  behalfe,  for  yo^  doctor  saith  he  hath  no  order,  nor  knowes 
any  else  so  appoynted,  wherefore,  we  not  being  willing  to 
abide  any  longer  delayes,  doe  require  an  imediate  answere  to 
this  0""  writeing,  by  the  bearer  o'"  marshall,  whether  you  will 
attend  an  issue  here  or  not;  if  here,  then  when,  that  vpon 
sufficient  &  standing  security  fro  you,  to  abide  the  sentence, 
we  may  appoint  another  time  within  some  few  dayes,  as  may 
be  convenient  for  the  court  to  meet  &  you  to  attend ;  or 
whether  you  will  put  in  such  security  to  come  to  a  triall  in 
the  court  of  Admiralty  in  England,  <fe  pforme  according  to 
their  award  wt'^in  twelue  moneths  space,  according  to  yo'' 
42 


330  RECOBDS  OP  THE  [1659 

former  proffers.  Herevnto  let  vs  have  your  plaine  &  full 
answere,  y^  we  may  spend  no  more  time  to  wait  vpon  this 
matter  in  vaine,  for  if  you  will  doe  neither,  we  shalbe  forced 
to  pceed  to  such  issue  as  God  shall  guide  vs  to,  without  you, 
as  looking  vpon  o''  gouerm'  slighted  by  you,  &  rest, 

This  16"i  of  Yo",  according  to  righteousnesse. 

Febr.  1659.  By  order  of  the  Court, 

f  Willm  Gibbard,  Secretary. 

A  third  letter  fro  the  captaine  was  received,  w^^  is  as  fol- 
loweth, 

S-, 

Yo"  I  have  received,  wherein  I  vnderstand  you  are  very 
much  displeased  because  I  cannot  gett  an  attorney  to  doe  my 
busines  for  mee,  but,  as  I  have  formerly  written  vnto  you,  I 
can  get  no  man  to  officiate  the  place,  and  as  you  have  written 
to  know  whether  I  will  give  security  to  answere  it  in  y^ 
Admirall  Court  of  England,  w^^  I  shall  doe,  for  it  was  my 
former  promise,  and  therefore  I  shall  not  deny  any  such  thing, 
but  -w^^  this  y'^  M"".  Raymond  may  put  in  security  to  psecute 
the  action  in  London,  &  I  shalbe  free  to  doe  according  to  yo"" 
[224]  demand  in  this  ||  pticuler.  And  if  you  are  pleased  to 
draw  obligations,  I  am  very  willing  to  signe  to  them,  and  I 
shall  be  willing  to  answere  the  complaint  of  M^.  Raymond 
within  one  moneths  time  after  my  arivall  at  London.  S'%  I 
thought  good  to  give  you  this  notice  vnder  my  hand,  in 
respect  I  was  not  in  a  condition  to  write  when  the  marshall 
was  aboard  w^^  mee;  so  haveing  not  else  at  pi'sent,  but 
remaine,  Yo""  freind  to  serve  you, 

Feb.  ITt'i  1659.  John  Penny. 

This  letter  being  read,  it  was  demanded  of  the  doctor,  what 
the  security  was  w^  the  captaine  would  give,  to  vf"^  he 
answered  that  he  would  give  his  owne  bond,  prouided  M^ 
Raymond  put  in  security  to  psecute;  but  the  security  pro- 
pounded was  neither  satisfying  to  the  plaint,  nor  court,  who 
told  ye  doctor  that  they  were  but  empty  words,  &  y'  it  was 
sufficient  &  standing  security  y*  was  expected. 

A  fourth  letter  from  y^  captaine  was  received,  w^h  here 
folio  weth,  ^ 

Honi-d  S^s, 

I  vnderstand  that  my  former  letter  have  given  you  noe 
satisfaction,  and  you  demand  that  I  should  give  security  to 


1659]  JURISDICTION   OF  NEW   HAVEN.  331 

answere  the  complaint  of  M^  Raymond  in  England,  then  you 
may  be  pleased  to  rest  some  few  dayes  after  I  am  well  to  come 
on  shore,  to  gett  those  freinds  that  may  stand  bound  for  mee, 
wherein  I  shall  endeavo^  As  for  my  owne  part,  I  doe  con- 
ceive by  my  doctor  that  you  doe  object  against  mee,  &  I  have 
given  you-nio  satisfaction  as  to  yo""  desire,  w<=ii  I  must  confesse 
I  doe  endeavo''  to  give  as  full  satisfactio  to  this  court  as  possibly 
lies  in  mee,  I  being  in  y^  condition  that  I  now  am  in.  Gen- 
tlemen, I  have  no  further  to  trouble  you  at  p''sent,  but  euer 
remaine  y  freind  to  serve  you.  John  Penny. 

Febr.  the  17*^,  1659. 

To  this  letter  the  court  returned  by  the  doctor,  that  if  y^ 
captaine  at  the  p^^sent  would  deliver  the  vessell  &  goods  taken 
fro  Mr.  Raymond,  as  security  to  the  authority  here,  it  should 
satisfy  vntill  he  had  propounded  further  security,  such  as 
might  be  sufficient  in  the  case,  both  for  his  appearance  & 
abiding  the  sentence  y"^  shall  be  declared  as  the  minde  of  the 
court  in  this  matter,  w<=h  were  it  done,  y^  court  pmised  to 
meet  againe  sometime  about  a  fortnight  hence,  when  he  might 
be  fitt  to  appeare  psonally  to  make  his  defence  against  the 
plainteife ;  vnto  w^h  the  captaine  made  no  returne.  By  all 
w^h  cariages  of  his,  the  court  findeing  that  he  did  but  trifle  in 
this  businesse,they  drew  vp  a  narative  of  their  proceedings,  with 
an  order  anexed  therevnto,  &  againe  returned  to  the  meeting 
house,  where  the  gouerno''  declared  y'  the  court  was  begun 
before,  at  w^h  time  y^  plaint'  appeared,  but  the  defendt 
appeared  not,  since  which  time,  what  hath  past  betweene  the 
court  &  Captaine  Penny,  by  writeing  or  otherwise,  was  read 
&  declared,  w''^  being  done,  the  aforesaid  narative  &  order 
was  also  read  and  published,  w<=h  is  as  followeth, 

[225]  II  Whereas,  sometime  w^'iin  the  moneth  of  Nouember 
last,  there  came  into  the  harboure  of  Newhaven  a  shipp,  called 
the  Roebuck,  vnder  the  comand  of  one  Captaine  John  Penny, 
who,  when  &  while  his  shipp  there  rode  at  anchor  vnder  o^ 
gouermt,  sent  forth  a  boat  or  small  vessell,  &  therewithall 
seized  or  surprized  a  vessell  &  goods  belonging  to  one  Richard 
Raymond,  a  planter  or  inhabitant  of  Salem  within  the  Massa- 
chusetts Colony,  wch  said  vessell  &  goods  they  brought  into 
this  harbour,  &  here  have  taken  out  &  disposed  the  same, 
without  pi'senting  any  inventory  to  the  authority  here,  con- 
cerning w^'i  action  M^  Raymond   came  to  the   gouerno^  & 


332  RECORDS   OF   THE  [1659 

complained,  as  illegally  &  wrongfully  done  against  him,  who 
therevpon  sent  forth  his  warrant  to  require  Captaine  Penny 
to  deliver  vp  the  said  vessell  &  goods  to  custody  of  y^  authority 
here,  vntill  a  iust  triall  might  be  had  of  the  case  by  a  court  of 
magistrates,  according  to  the  order  of  this  colony  in  such  cases 
prouided,'  for  a  right  issue  &  lawfull  carrying  of  the  businesse, 
both  as  it  might  respect  M'".  Raymond  or  the  Comonwealth  of 
England,  whose  interest  by  ye  Act  of  Parliam*  in  1651,  ought 
to  lie  cared  for  l)y  tlie  nest  court  of  record  where  the  prize  is 
taken,  vpon  the  ground  of  that  Act.  But  the  said  captaine 
refuseing  to  obey  that  warrant,  or  to  shew  a  comission  or  any 
other  authority  for  his  so  acting,  at  the  request  of  the  said 
Raymond,  a  court  of  magistrates  was  called  &  the  captaine 
agaiue  sumoned  to  attend  the  heareing  &  issuing  of  the  said 
matter,  wheneas  yet  againe  y  said  captaine  neither  psonally 
nor  by  his  attorney  would  appeare  to  answere  the  plainteife, 
nor  yet  vpon  seuerall  respectfuU  requireings  in  writeing,  sent 
to  him  by  y^  marshall  from  the  court  tlien  mett  &  waiting 
vpon  the  businesse,  would  the  captaine  be  brought  to  any  meet 
attendance  at  p^'sent,  nor  to  produce  any  comission.  Act  of 
Parliam*,  &c.,  to  warrant  his  so  acting,  though  it  was  prom- 
ised by  ye  court  y*  no  such  iust  authority  should  be  taken 
away,  but  returned  with  safety  to  him  againe,  nor  to  put  in 
sufficient  &  standing  security  for  an  after  heareing  &  issue, 
when  he  might  be  more  fitt  for  psonall  attendance  by  recouery 
from  some  bodily  illnes,  W^i'  (as  he  saith)  doth  now  disenable 
him  therevnto,  nor  to  put  in  such  security  as  aforesaid,  to 
answere  it  in  the  Court  of  Admiralty  in  England  within  12 
moneths,  as  was  tendred  to  him  by  the  court,  with  consent  of 
the  plainteife ;  but  he  psisted  by  meere  words  &  dilatory 
expressions  to  put  off  y^  businesse,  as  not  mindeing  to  give 
account,  either  here  or  in  England,  &  so  slighting  all  authority 
here,  &  refuseing  to  be  engaged  as  aforesd  to  any  righteous 
issue,  as  may  become  honest  &  peaceable  men  to  doe. 

Wherevpou,  the  court  (considering  the  forementioned  inju- 
rious &  offensive  carriages  of  the  captaine,  distructive  to 
gouerm*  &  good  order  here,  together  w*"  some  more  then 
ordinary  incivillityes  pleaded  against  him  by  the  said  Ray- 
mond, as  abuseing  his  sonne,  detaining  all  his  bookes  of 
accounts  &  apparell  in  his  chest,  &c.,  vntill  this  morning,  as 
also  an  appearance  of  dishonorable  &  vnfaithfull  demeano"" 
against  y^  Comonwealth  of  England,  in  acteing  like  an  vnwar- 
[226]  rantable  ||  plunderer,  vnde/the  p'"tence  of  their  author- 
ity; by  all  w^h  practises  he  here  seemeth  to  discouer  himself 
to  be  no  freind  to  order,  peace  or  righteousnesse,  as  becometh 
an  honest  cln-istian  man,  or  a  loyall  &  faithfull  English  sub- 


1659]  JUEISDICTION   OF   NEW   HAVEN.  333 

ject,  or  minister  of  state,  as  he  p^^tends  to  be,)  did  therefore, 
(first  ill  behalf  of  o«"  owne  gouermt  by  him  slighted,  secondly 
in  behalf  of  the  Comonwealth  of  England  &  y*^  Act  of  Parlia- 
ment by  him  neglected,  thirdly  in  behalf  of  o""  confederate 
neighboure,  M^  Raymond,  his  right  to  a  course  of  justice  to 
be  granted  by  vs,)  order  &  enioyne,  That  all  estate,  goods  or 
comodityes,  within  this  jurisdiction,  belonging  to  the  said  Cap- 
taine  Penny,  or  any  of  his  company  yt  have  not  disowned  his 
acting  in  this  businesse,  shallie  forthwith  seized  &  secured,  to 
answere  for  these  injurious  &  contemptuous  miscarriages. 
And  further,  (yt  so  he  may  not  bee  enabled  by  vs  to  pceed  on 
in  such  mischeivous  practises,  distructive  to  gouermS  peace  & 
righteousnes,  as  well  against  England  as  o''selues,)  we  doe 
prohibit  &  forbid  yt  no  estate,  goods,  comodities,  pvisions,  or 
other  accomodations  of  any  kind,  or  belonging  to  any  pson  or 
psons  whatsoeuer,  shall  be  shipped  o  board  any  shipp  or  shipps, 
vessell  or  vessells,  of  greater  or  lesser  quantity,  within  this 
jurisdicon,  or  any  part  or  plantation  therein,  nor  any  horse  or 
horses,  mare  or  mares,  or  other  cattell,  thing  or  things,  any 
other  way  to  be  conveyed  or  transported  out  of  this  colony  or 
jurisdiction,  but  vpon  sufficient  &  standing  security  first  put 
in,  to  the  authority  of  the  place  or  plantation  whence  it  is  to 
be  transported  or  conveyed,  not  to  be  paid,  traded,  shipped  or 
supplied  vnto  the  said  captaine,  shipp  or  company  aforesaid, 
vpon  the  penalty  of  the  forfeiture  of  double  the  valew  of  what 
shalbe  so  shipped,  transported,  laded,  supplied  or  otherwise 
conveyed  to  y^  said  captaine,  shipp  or  company,  either  medi- 
ately or  imediately,  directly  or  indirectly,  so  that  by  no 
meanes  it  may  so  be  done  at  any  time  whatsoeuer  while  he  or 
they  shall  remaine  within  20  leagues  of  any  part  of  the  coast 
of  New  England,  or  vntill  this  court  shall  give  further  order 
herein,  or  the  court  of  Newhaven,  if  they  shall  see  cause  to 
intermedle  in  it,  for  whose  direction  herein  we  declare,  that 
this  act  aforesaid  shall  stand  in  force  vntill  that  the  captaine 
have  put  in  sufficient  &  standing  security,  to  the  vallew  of 
GOO'i,  to  come  to  a  triall  of  his  action  with  M"".  Raymond, 
either  here  or  in  England,  seasonably,  &  to  pforme  according 
to  sentence  in  either  court,  &  also  have  given  this  court  satis- 
faction for  any  offence  given  against  their  authority  &  gouer- 
ment,  or  if  he  refuse,  then  vntill  as  aforesaid . 

By  order  of  the  Court  of  Magistrates, 
this  18th  of  Febr.  59,  p  W"'  Gibbard,  Secret'. 

Vpon  which  the  court  concluded,  &  ye  aforesd  M''.  Raymond 
sd  that  he  desired  to  be  thankfull  to  y^  court  for  their  care  & 
faithfulnesse  in  this  businesse. 


334  RECORDS  OF  THE  [1659 

[227]     At  a  Court  of  Magistrates  held  at  Newhaven  y^ 
LAST  OF  Febr.  1659. 

The  Court  being  mett  to  consider  of  the  biisinesse  depend- 
ing betwixt  Mr,  Richard  Raymond,  plainteife,  &  Captaine 
John  Penny,  defendant,  (who  both  made  their  appearance,) 
the  gouerno''  declared  that  y^  court  was  now  ready  to  attend 
the  businesse,  but  it  would  bee  acceptable  to  them,  could 
they  come  to  some  meet  agreem*  betwixt  themselves.  The 
captaine  desired  (being  forced,  as  he  said)  y^  it  might  proceed 
to  triall  heare,  or  he  would  answere  it  in  England.  M^  Ray- 
mond declared  that  he  had  suffered  much  damage  by  y^ 
captains  act,  neuerthelesse  he  was  willing  to  agree  wt'i  the 
captaine,  but  if  not,  he  was  ready  to  attend  the  issue  here, 
but  declared  if  the  sentence  past  against  him,  he  intended  to 
appeale.  Y^  gouerno''  declared  that  he  observed  that  the  cap- 
taine said  that  he  was  willing  to  have  it  tried  in  England,  he 
was  told  yt  it  would  be  no  offence  to  the  court  if  they  did  so 
agree.  M^  Raymond  said  if  the  captaine  would  deposit  the 
vessell  &  goods  in  the  hands  of  the  court,  &  engage  as  secu- 
rity the  8^^  pt  of  the  shipp,  with  his  owne  bond,  as  he  lately 
tendered,  he  would  accept  it  &  it  should  be  tryed  in  England  ; 
but  yt  ye  captaine  now  refused,  &  withall  declared  that  he 
had  often  proffered  M^  Raymond  his  owne  bond  to  answere  it 
in  England,  &  that  he  should  have  his  passage  thither  in  his 
shipp,  w^ii  he  was  still  willing  to  doe,  but  to  leave  y^  vessell 
&  goods  here,  where  his  businesse  was  not,  would  be  very 
prjudiciall  to  him.  M"".  Raymond  &  the  captaine  thus  differ- 
ing, the  action  proceeded,  &  the  plainteife  declared, 

That  he  was  forced  by  his  imploym*  to  have  to  doe  w^'^  a 
Duch  vessell,  being  he  could  not  get  an  English  vessell  to  doe 
his  businesse ;  being  at  Stamford,  he  hired  a  Duch  vessell, 
whereof  himself  was  to  goe  master,  after  w^h  at  the  Manna- 
toes  heareing  that  Captaine  Penny  was  here  to  take  Duch-men, 
he  was  thinkeing  how  to  secure  himself  fro  him,  (though  he 
vnderstands  not  how  he  can  doe  it  without  a  comission,)  & 
that  afterwards  he  bought  this  Duch  vessell  at  the  Mannatoes 
&  came  northward,  but  as  he  was  returning  to  the  Manna- 


1659]  JURISDICTION  OF   NEW   HAVEN.  335 

toes,  being  w^'un  a  league,  or  a  league  &  half,  of  Stamford 
poynt.  Decemb''  the  7*'%  Captaine  Pennys  men  haled  him  & 
demanded  who  &  what  he  was,  he  told  them  y'  his  name  was 
Richard  Raymond  &  that  he  lived  at  Salem ;  M"".  Griggs 
comanded  him  to  lower  &  come  aboard,  being  come  aboard 
they  asked  whose  the  vessell  was,  he  told  them  it  was  his  & 
shewed  them  a  bill  of  sale  for  the  said  vessell,  &  that  one  of 
them  he  conceived  read  the  bill  of  sale  &  then  told  him  y* 
they  must  carry  the  vessell  to  Newhaven,  wherevpon  he  asked 
them  where  was  their  coihission,  but  they  shewed  non ;  M'". 
Griggs  asked  him  if  he  would  goe  to  Newhaven  in  the  vessell, 
w<=*i  he  refused,  chusing  rather  to  goe  ashore  there,  though  he 
was  but  thin  clothed  &  forced  to  wade  ashore,  though  in  a 
cold  season,  and  cominge  to  Stamford,  he  consulted  with  M'. 
Lawes  &  M"".  Bell  about  this  busines,  vpon  w^i'  M'".  Bell  went 
downe  to  the  water  side  to  require  an  acc°  of  the  captaines 
men  about  this  matter,  but  they  who  had  pmised  to  come  into 
Stamford  harbour  were  not  there,  but  gon  ouer  to  Oyster 
Bay ;  he  further  said  that  on  the  second  day  y^  next  weeke 
[228]  II  he  came  to  Newhaven,  where  he  mett  the  captaine  at 
y®  Gouerno''s,  &  told  him  that  his  men  had  seized  his  vessell, 
&  that  he  shewed  him  there  his  bill  of  sale,  dated  the  25"'  of 
Nouember,  w*^''  the  captaine  objected  against  &  put  him  to 
proue  y«  reallity  of  it;  vpon  w^'^  he  was  put  vpon  a  iourney 
to  the  Mannatoes  &  was  there  called  by  the  court  to  make 
pi'sent  paym'  for  the  vessell  or  give  security  for  the  said  debt, 
so  that  he  hath  beene  forced  to  travell  to  the  hazzard  of  his 
health  &  life,  &  was  all  this  time  deprived  of  his  cloathing 
&  food,  that  had  he  not  had  freinds  that  supplied  him,  he 
had  beene  in  a  very  distressed  condition,  he  therefore  entred 
a  action  of  molestation  against  Captaine  Penny  to  the  vallew 
of  600''  for  his  vessell  &  goods  seized  by  the  said  captaine. 
For  the  cleareing  of  sundry  passages  in  y^  declaration,  ye 
plaint  p'"sented  the  testimony  of  Richard  Ambler,  as  folio weth, 

Stamford  February  8'^,  (59.)  Testimony  of  Richard  Am- 
bler, aged  about  45,  vpon  oath  he  saith. 

He  being  aboard  the  vessell  wherein  one  Griggs  was  m"", 
&  there  came  a  vessell  by,  &  the  men  of  the  vessell  said  they 
would  take  the  vessell,  &  I  told  them  it  was  Master  Raymonds 


336  RECOEDS  OF  THE  [1659 

vessell,  &  imediatly  M>".  Raymond  stood  vpon  the  decke  &  the 
men  said  they  cared  not  who  it  was,  they  would  see  who  it 
was,  &  when  they  came  yp  they  comanded  M^.  Raymond  to 
lower  his  sailes  &  he  lowered,  &  then  they  comanded  him 
aboard  &  he  came  aboard,  and  they  examined  him,  whence 
he  was,  &  what  vessell  it  was,  and  whose  it  was,  M"".  Raymond 
said  it  was  his  owne,  he  had  bought  it,  &  they  asked  him  what 
he  had  to  shew  for  it  &  he  said  he  had  a  bill  of  sale,  &  they  bid 
him  let  them  see  it,  &  when  they  see  it,  the  man  y*  see  it  put  it 
vp  in  his  pockitt  &  went  to  the  helme,  &  then  John  Griggs 
came  aboard  M"".  Raymond  &  asked  for  the  bill  of  sale  &  M^". 
Raymond  said  one  of  his  men  had  it^&  Griggs  comanded  y^ 
bill  fro  the  man  &  gave  the  man  M^.  Raymonds  bill  againe, 
&  they  tooke  the  vessell  &  sailed  away  into  the  cove  &  prom- 
ised &  engaged  to  M^.  Raymond  that  they  would  not  meddle 
w'h  any  of  the  goods  but  a  few  of  the  turnipps,  &  the  next 
day  they  would  bring  the  vessell  into  Stamford  harboure  &  to 
stay  there  till  M''.  Raymond  came  againe  fro  ye  captaine  ;  M'". 
Griggs  advised  M^  Raymond  to  go  to  the  captaine  &  come 
againe  to  Stamford. 

Francis  Bell. 

Also  a  writeing  (dated  Nouemb'"  5th,  (59.)  witnessed  by 
Rich.  Law  &  George  Slawson,)  was  by  the  plaint'  p^'sented, 
containing  an  agreem^  betwixt  himself  &  Lawrence  Lawrisson 
&  Derrick  Johnson,  whereby  it  appeared  that  the  sd  Raymond 
did  at  lO^i  a  moneth,  hire  the  vessell  called  the  Black  Eagle 
of  the  parties  aboue  mentioned  of  w^^  vessell  the  said  Ray- 
mond was  to  goe  master. 

But  to  proue  that  not  M"".  Raymond  but  Derrick  Johnson 
was  m"",  the  captaine  p^sented  a  Duch  ace",  found  in  ye  ves- 
sell, whereby  it  appeared  that  Derricke  Johnson  sometime  in 
December  last  received  for  fraight,  w^h  he  said  did  belong  to 
the  m''  to  receive,  vnto  W^  Derrick  Johnson  answered  that 
there  was  a  mistake  in  ye  date. 

[229]  II  But  that  the  said  vessell  was  since  bought,  the  plaint 
p^sented  a  bill  of  sale,  (thereby  to  make  it  appeare,)  w^h  was 
now  read,  &  is  as  folio weth. 

Translation  by  )  Appeared  before  mee,  Mathew  De  Voz, 

Carell  Van  Brugge  \  notary  publicq,  admitted  by  the  gou- 
erno""  genr^  &  councill  of  the  New  Netherlands,  &  the  following 
witnesses,  M''.  Derrick  Johnson  &  Lawrence  Lawrisson,  inhab- 
itants of  this  place,  &  doe  declare  to  have  sould  vnto  Rich; 


1669]  JURISDICTION   OF   NEW   HAVEN.  337 

Raymond  of  Salem  in  New  England,  the  w^h  declareth  to 
have  bought  a  vessell  named  y  Black  Eagle,  w^h  saile  & 
treyle,  &  all  appurtenances  thevnto  belonging;  the  w^h  bar- 
gaine  is  made  the  lo^'i  of  October  1659,  for  the  sum  of  four- 
teene  hundred  gilders,  to  be  paid  in  seawan,  the  paymt^  to  be 
made  betweene  the  lo^'i  of  October  and  new  yeares  day  anno 
1660.  These  that  have  sould  y^  foresd  vessell,  doe  engage  to 
free  him  fro  all  challenges  or  pretensions  for  their  parts,  k 
the  buyer  doth  promise  at  the  p^fixed  time  to  bringe  their 
paymS  y«  w^''  as  above  written  is  mentioned  &  in  the  bill 
of  sale  is  specified,  all  which  is  mentioned  both  buyer  &  seller, 
&  doe  engage  each  other  to  pforme  the  same,  cause  or  make 
the  same  to  be  done,  obligeing  themselues  for  the  pformance 
vnder  all  justices  &  judges.  Made  in  the  p'sence  of  Timo- 
theus  Gabry  &  Jacob  Fis  as  witnesses,  the  w^^  vnderstand  the 
English  language. 

Amsterdam,  in  the  New  Netherlands  this  2o''>  of  Nouem- 
ber,  anno  1659. 

This  agreeth  w'^  ye  principall, 

Mathew  De  Voz,  Nota:  publiq. 
1659 

11  D 


25  N 
The  captaine  desired  that  the  double  date,  &  y^  it  was 
w^^out  witnesse,  might  be  both  considered  &  compared  with 
ye  agreem*  for  hire,  w^  is  dated  the  5^11  of  Nouember  1659, 
by  ye  English  account,  &  the  bill  of  sale  the  15"'  of  October, 
Duch  account,  w<='i  makes  y^  sale  to  be  a  moneth  before  y 
hire,  w^'^  proues  y^  sale  not  to  be  reall.  To  w^^  the  plant 
answered,  that  he  was  not  acquainted  with  Duch  lingo,  but 
ye  reallity  of  the  bargain  was  this,  that  he  bought  the  said 
vessell  0  the  25"'  of  Nouemb,  Duch  account,  &  as  for  y*  of 
the  15th  of  October,  he  knew  nothing  otf,  but  it  was  a  mistake 
of  the  writer,  w'l  to  makeappeare,  M^  Raymond  p^'sented  in 
writeing  as  folio weth. 

An  extract  out  of  the  court  booke  of  the  citty  of  New  Am- 
sterdam, held  the  13"'  of  January,  1660. 
Translation  by  )  Lawrence  Lawrisson  &  Derrick  John- 

Carell  Tan  Brugge,  )  son,  plainteifs,  against  M"".  Rich:   Ray- 
mond defendant.     The  plaint  desire  of  the  defendant  paym* 
for  the  some  of  foureteene  hundred  gilders,  for  a  vessell  named 
43 


338  RECOEDS   OF  THE  [1669 

the  Blacke  Eagle  sould  vnto  him,  <fe  to  put  in  security  for  the 
paymt  thereof. 

The  defendt  acknowledged  the  debt,  saying  he  had  nothing 
to  say  against  it,  &  desired  time  for  payment. 

The  demand  &  answere  heard,  of  both  parties,  haveing  read 
[230]  all  II  their  writeings,  declarations,  witnesses  &  what 
therevnto  appertaineth,  before  vs  y  schoiit,  burgermasters  & 
assistants  of  this  city,  doe  finde  no  otherwise  but  that  it  is  a 
true  oc  iust  bargaine,  bought  &  sould,  notwithstanding  in  their 
act  or  bill  of  sale,  the  date  thereof  is  differing,  w^^  we  finde 
by  mistake  of  the  writer  is  comitted,  therefore  we  condemne 
the  defdt,  to  pay  vnto  the  planteife  the  some  aboue  mentioned, 
or  give  him  security  according  to  agreem*-  as  by  y^  bill  of 
sale  doth  appeare,  k  condemne  y*'  defendt  to  pay  cost  & 
charges  in  this  cause. 

Was  vnderwritten,  By  order  of  y^'  Court, 

Johanis  Neuius,  Secretary. 
For  the  further  cleareing  of  the  case,  the  plaint  also  p'sent- 
ed  another  writeing  containeing  certaine  intergatories    w^h 
answeres  vpon  oath,  w^*^  originall  writeings  are  in  the  hands 
of  y®  planteife,  &  are  as  followeth, 
Translation  by  ) 

Carrell  Van  Brugg,  )  intergatories. 

Vpon  w^h  by  request  of  Derrick  Johnson  &  Lawrence  Law- 
risson,  in  the  p^sence  of  the  Heer  Schout,  Nicasius  De  Sille, 
&y«  prsent  Burgermasters,  Martine  Crieger  after  citation  M^ 
Timothy  Gabry  &  Jacob  Fis  to  be  examined. 
i 
Ansivere.  The  age  of  the  witnesses. 

Timothy  Gabry  aged 
about  55  yeares,  fro 
Amsterdam.  Jacob 
Fis  aged  about  45 
yeares,  borne  at  Am- 
sterdam. 2 

Is  it  not  the  trueth  that  they  witnesses 

vpon   the   25'^h  of  Nouember  1659,  have 

Answere.  testified  concerning  y^  sale  of  a  certaine 

Yea.  vessell  named  ye  Black  Eagle,  then  sould 

by   y^  requestants  vnto  one    M^   Rich: 

Raymond  of  Salem  in  N.  England. 

3 

If  they  witnesses  did  not  vnderstand 

as  now  by  these  p'sence  are  vnderstand- 


1659]  JURISDICTION   OP  NEW  HAVEN.  339 

Ansioei'e.  ing,  that  the  aforesaid  bargaine  was  made 

Not  otherwise  as  vp-  vpon  the  25'^  of  Nouemb'",  effectually  & 
on  ye   25' h  of  No-   accomplished,    notwithstanding   that   in 
uembr,  anno  1659.     the  act  made  by  ye  notarys  Mathew  De 
Voz  is  expressed  certaine   sentences  of 
the  IS^'i  of  October  1659,  as  when  at  that 
time  the  bargaine  seemeth  to  be  made. 
4  4 

Answered.  If  need   requireth,  they  will  depose 

They  were  alwayes   theire  declaration  vpon  oath, 
ready  to  doe  ye  same. 

These  intergatoryes  above  mentioned,  &  the  examination 
of  Timotheus  Gabry  &  Jacob  Fis,  by  demand  and  answere 
[231]  II  as  appeareth  in  the  margent,  this  10th  of  January 
1660,  Amsterd  in  the  New  Netherlands,  in  the  pi'sence  of  the 
Honorble  Gouerno''  Genr'i  of  the  New  Netherlands  &  ye  Hon- 
orble  Councill  of  New  Amsterdam,  in  ye  prsence  of  the  D"". 
Sellout,  N:  De  Silla.  Johanis  Neuius,  Secretary. 

Translation  of  the  oath  aboue  specified,  as  followeth,  by 
Charles  Bridge. 

Ypon  the  10'^  of  February,  anno  1660,  hath  Timotheus 
Grabry  &  M^  Jacob  Fis  verified  their  declaration  o  ye  other 
side  specified,  being  in  the  hands  of  the  schout,  Nicasius  De 
Sille,  vpon  oath,  before  the  court  of  the  burgermasters  & 
schepens  of  this  towne  of  New  Amsterdam  in  ye  New  Neth- 
erlands, ye  date  aboue  written.    Johanis  Neuius,  Secretary. 

These  writeings  being  read,  the  captaine  declared  that  he 
was  vnacquainted  with  ye  Duch  affaires,  but  he  could  proue 
that  the  vessell  was  a  Dutch  vessell  vpon  hire,  &  not  bought 
as  was  pi'tended  by  the  plaint.  To  w^h  end,  he  p^'sented  these 
testimonyes,  wei>  are  as  followeth, 

M'.  Tho.  Pell  testifieth  that  before  M"".  Raymond  went  fro 
Fairefeild  to  Norwalke  with  the  vessell  w^h  is  taken,  y*^  M^ 
Raymond  told  him  in  his  house  that  he  had  hired  that  vessell 
by  ye  moneth  that  is  taken,  &  he  said  he  thought  he  might 
buy  her  if  he  would.  Humphry  Hid  was  pi'sent  at  the  same 
time.  Tho:  Pell. 

Humphry  Hid  testifieth  that  he  was  at  M"".  Pells  house,  & 
heard  there  Mf.  Raymond  say  that  he  had  hired  y*^  sloop  we'i 
he  was  at  Fairefeild  last  with,  this  he  testifieth  to  ye  best  of  his 
remembrance,  &  M"^.  Pell  was  p^sent  the  same  time,  as  he  saith. 

These  witnesses  were  sworne  to  what  they  have  aboue 
testified  this  24*^  of  Feb.  1659,  in  Fairefeild,  before  mee, 

Nathan  Gold. 


340  RECORDS 'of  the  [1659 

Jonathan  Lockwood  of  the  age  of  aboue  24  or  25  yeares, 
testifieth  that  at  Stamford  that  Duchman  y*  went  w^h  M^ 
Raymond  in  the  vessell  W^'^  he  said  the  capers  had  taken,  he 
said  yt  Duchman- told  him  in  discourse,  that  part  of  y^  vessell 
which  he  said  the  capers  had  taken,  it  was  his  owne,  &  that 
they  had  taken  from  him  fifty  pound  starling  in  goods. 

This  witnesse  was  sworne  to  what  he  hath  here  testified, 
this  24th  Feb.  (59.)  in  Fairefeild,  before  mee, 

Nathan  Gold. 

Joseph  Lockwood  testifieth  that  when  y^  vessell  w^h  is 
reported  to  be  taken,  that  M'".  Raymond  was  in,  in  Fairefeild 
harboure,  that  M"".  Raymonds  sonne  told  him  that  his  father 
had  hired  that  vessell  for  about  three  moneths,  vntill  his 
fathers  vessell  came  fro  Yirgenia. 

This  witness  was  sworne  to  what  he  hath  here  testified,  Feb. 
24th,  59,  in  Fairefeild,  before  me,  Nathan  Gold. 

[232]  II  To  that  w«h  is  testified  by  M'-.  Pell,  M'-.  Raymond 
answered,  that  it  was  true  that  he  said  to  M^  Pell  that  he  had 
hired  the  vessell,  (as  before  he  had  declared,)  but  y*  he  had 
bought  her,  he  was  not  then  bound  to  give  an  acc°,  &  the 
reason  was  because  he  had  signified  in  a  letter  to  his  sonne  fro 
Stamford  to  Stratford,  Nouemb''  6^^,  that  he  had  hired  her, 
w<=h  was  so  at  that  time,  w^^  ^[^  §0  appeare  by  a  passage  in  y* 
letter  -w^^  was  now  read.  M^.  Raymond  was  asked  whether 
he  was  at  the  Mannatoes  betwixt  the  time  spoken  off  by  M''. 
Pell  &  ye  seizure  of  the  vessell,  to  w^^  he  said  noe. 

Anthony  Elcote  vpon  oath  testified,  that  M'.  Raymond  told 
him  at  the  Mannatoes,  that  he  wanted  a  vessell  to  goe  into  y« 
north,  but  he  needed  not  to  buy  one  because  he  had  two  ves- 
sells  of  his  owne,  a  catch  that  was  gon  to  Virgenia  and  a  small 
vessell  hired  to  his  sonne,  w^t^  he  said  would  come  into  his 
hands  in  y^  spring,  (as  he  remembers,)  &  y'  he  had  hired  of 
the  Duchman,  at  10''  a  monetli;  but  he  would  agree  with  the 
Duchman  &  have  a  bill  of  sale,  that  if  the  captaine  should 
meet  with  him,  he  might  have  somewhat  to  shew,  but  if  he 
should  misse  of  him,  he  might  returne  the  vessell  to  him 
againe ;  this  was  to  y^  best  of  his  remembrance,  in  the  after- 
noone  next  before  M^.  Raymond  came  fro  the  Mannatoes. 
Vpon  W"^  Mr.  Raymond  afiirmed  that  the  vessell  was  bought 
by  him  in  y^  evening  before  he  came  away. 


1659]  JUEISDICTION   OP  NEW   HAVEN.  341 

Mr.  Edward  Palmes  also  vpon  oath  testified  that  vpon  ye 
IS^'i  or  IQi^h  of  Nouember,  he  meeting  w^h  M"".  Raymond  at 
New  London,  he  told  him  that  y«=  vessell  he  had  was  a  Diich 
bottom  &  y*  he  was  in  treaty  with  y^  Diichman  about  buying 
her,  but  he  had  not  fully  bought  her. 

M^  Raymond  saith  that  he  knoweth  not  that  he  so  spake  to 
Mr.  Palmes,  but  vpon  the  question  put  to  him,  granted  that 
after  his  speech  with  M"".  Palmes  he  was  not  at  the  Mannatoes 
before  the  said  vessell  was  seized. 

The  captaine  further  alleadged,  that  it  appeareth  by  M"". 
Raymonds  owne  expressions  that  she  was  a  Duch  vessell,  & 
desired  that  some  further  testimonyes  might  be  received  & 
considered. 

Wherevpon  W™  Peck  being  called,  testified  that  M^.  Ray- 
mond said  that  the  Duchmen,  or  Duch  gouernor,  bid  him 
looke  to  his  estate,  they  would  doe  well  enough  to  right  them- 
selues,  &  yt  Mr.  Raymond  wisht  y'  M"".  Hudson  or  some  other 
did  not  suifer  for  it. 

Mr.  Bryan  testified  that  Mr.  Raymond  told  him,  that  if  ye 
vessell  were  not  restored,  the  Duch  Avould  right  themselues  on 
ye  English.     To  the  same  purpose  testified  Mr.  Goodenhouse. 

John  Allen  said  that  he  heard  Mr.  Raymond  say,  that  the 
Duch  gouernor  threatened  the  English  to  right  himself  vpon 
tliem. 

Mr,  Raymond  haveing  formerly  pleaded  against  the  captaine 
for  an  vncivill  carriage  towards  him,  in  denying  to  deliver  his 
chest,  w«b  he  also  said  he  could  make  proofe  off  by  Will  Trow- 
bridg,  wherevpon  the  said  William  Trowbridg  was  now  called, 
[233]  who  testified  that  Mr.  Raymond  desired  him  to  ||  goe 
with  him  to  Captaine  Penny,  &  he  went  aboard  &  into  the 
great  cabbin,  but  Mr.  R^rymond  stood  without  vpon  ye  ice,  & 
yt  he  heard  Mr.  Raymond  demand  his  chest,  but  what  ye  cap- 
tains answere  was  he  heard  not. 

Sargeant  Beckly  said  that  he  heard  W'"  Trowbridg  tell  the 
captaine  that  Mr.  Raymond  was  come  to  speake  with  him,  and 
so  passed  into  the  great  cabbin,  but  to  heare  the  discourse 
betwixt  the  captaine  &  Mr.  Raymond  he  could  not. 

Edward  Preston  said  that  the  captaine  told  Mr.  Raymond 


342  RECORDS   OF  THE  [1659 

that  he  should  have  his  chest  and  cloathes  when  he  had  looked 
into  it. 

The  captaine  affirmed  that  he  denyed  not  M^  Raymond  his 
chest,  onely  he  told  him  he  must  first  looke  into  it,  as  is  testi- 
fied, &  the  key  was  not  then  present,  so  that  it  could  not  be 
done  at  that  time,  but  since  he  hath  delivered  it. 

But  M"".  Raymond  pleaded  that  sundry  things  are  wanting 
in  his  chest,  &  that  he  found  no  apparrell  in  it  save  a  cloake, 
&  that  whereas  he  had  about  20^'  in  wampom,  he  now  findes 
but  8ii  or  thereabouts;  to  w^h  the  captaine  replyed  y*  M"". 
Raymond  when  he  saw  it  opened  said  that  he  saw  not  but  it 
was  as  he  left  it,  &  y*  whereas  now  20' i  is  spoken  off,  that  M'. 
Raymond  hath  formerly  said  that  he  had  IQi'  there,  &  some  of 
it  hath  been  taken  out  by  M^.  Raymond  himself,  who  denyed 
not,  but  withall  said  that  he  tooke  out  but  6  or  7^ 

The  Court  haveing  heard  the  severall  allegations,  answers 
&  replyes,  of  plaint.  &  defendant,  with  the  seuerall  testimonyes 
on  either  side,  it  was  declared  that  it  appeares  that  M^.  Ray- 
monds vessell  &  goods  hath  beene  seized  by  Captaine  Penny ; 
he  was  desired  to  shew  by  what  authority  he  hath  so  done. 

To  'w'^^  he  answered,  he  supposed  that  it  was  proued  from 
M'".  Raymonds  owne  words  that  the  vessell  in  question  was  a 
Duch  vessell.  It  was  againe  demanded  by  what  authority  he 
hath  made  this  seizure;  to  w^'i  he  now  said  that  he  had  a 
Sweads  comission,  (but  withall  granted  that  it  was  of  no  effect 
here,)  &  besides  he  vnderstandeth  that  the  Acts  of  Parliam* 
will  beare  it  out.  The  captaine  was  told  that  it  must  be  vpon 
ye  breach  of  some  law,  it  was  now  called  for  that  that  law 
might  be  shewed ;  he  said  that  no  man  was  to  trade  in  any 
Duch  bottom  in  any  harboure,  creeke  or  coue  of  America,  but 
ye  law  he  produced  not.  The  captaine  was  told  that  y^  court 
had  been  enquireing,  first,  whether  it  was  a  Duch  vessell  or  an 
English  vessell,  &  j^  M"".  Raymond  had  endeavoured  to  prone 
her  an  English  vessell,  but  he  had  endeavoured  to  prone  her 
a  Duch  vessell,  &  y'  the  sale  pleaded  by  M^  Raymond  was 
delusive  &  not  reall;  now  secondly,  it  is  enquired  how  &  by 
what  authority  he  hath  seized  this  vessell,  but  the  Acts  pleaded 
are  not  produced,  but  the  court  must  seeke  out  grounds  for 


1659]  JURISDICTION   OF  NEW   HAVEN.  343 

ye  iustificatio  of  his  action;  the  captaine  againe  pleaded  that 
he  supposed  j^  Acts  of  Parliamt  &  articles  of  peace  will  be  to 
him  a  sufficient  warrant,  he  was  told  j^  no  such  acts  were  euer 
sent  ouer  to  be  published  here,  to  w^h  he  replyed  that  he 
expected  to  be  tryed  in  an  Admirall  Court,  where  the  lawes 
[234]  are  knowne,  ||  but  he  is  now  forced  ypon  a  triall  in 
refference  to  his  trade  w^h  is  here  interrupted. 

It  was  demanded  both  of  plaint  &  defendt  if  they  had  ought 
more  to  say  in  y^  case,  but  nothing  being  p^sented,  y*'  court 
adiourned  till  the  morrow,  of  w<=h  publique  notice  was  now 
given. 

On  the  morrow  the  gouerno''  demanded  of  plaint  &  defendt 
whether  they  were  come  to  any  agreem'  betwixt  themselues, 
to  w^  they  said  no,  wherevpon  the  gouerno''  declared  that  y^ 
court  takeing  j^  case  as  they  left  it  y^  last  night,  that  all  mis- 
takes may  be  pmented  &  ye  grounds  of  the  courts  so  pceeding 
may  be  declared,  they  have  drawne  vp  their  mindes  in  write- 
ing,  w*^'^  was  read,  &  is  as  folio  we  th. 

Forasmuch  as  vpon  complaint  made  vnto  j^  authority  here 
by  Richard  Raymond,  a  planter  &  inhabitant  of  Salem  within 
y-"  Massachusetts  colony  in  New  England,  against  one  Captaine 
Penny,  captaine  of  the  shipp  called  the  Roe  Buck,  belonging 
to  the  city  of  London  in  old  England,  of  wrong  &  injury  done 
vnto  him  by  seizing  his  vessell,  called  the  Black  Eagle,  vpon 
this  coast,  neare  a  place  called  Stamford  point,  &  thence  car- 
ryed  her  away  into  Newhaven  harbour,  &  there  vnladed  the 
goods  &  broke  bulk,  before  or  without  p^senting  an  inventory 
vnto  the  gouerno'"  or  gouerm',  nor  to  obey  his  warrant  sent  to 
require  the  said  captaine  to  surrender  or  deposit  y®  said  estate 
vnder  safe  custody  for  triall,  a  court  of  magistrates  was  then 
called  at  y*^  request  of  the  said  Raymond,  to  consider  y^  busi- 
nesse,  who  meeting  on  the  18''^  of  February,  did  order  & 
enioyne  that  ail  trade,  comerce  &  supply  should  be  denyed 
vnto  the  said  captaine  &  witheld  by  all  the  inhabitants,  w^''  all 
or  any  estate  within  this  colony,  vpon  the  grounds  expressed 
in  that  act  or  order,  vntill  that  he  should  put  in  sufficient  & 
standing  security  to  answere  the  matter  &  to  shew  by  what 
authority  he  had  so  done,  &  to  abide  the  sentence  therein, 
either  here  or  in  the  court  of  Admiralty  in  England,  as  had 
demanded  of  him ;  vpon  w^h  restraint  the  sd  captaine  came  on 
shore  &  declared  himself  to  submitt  to  a  triall  here,  if  the  court 
would  grant  another  attendance  to  y'  businesse,  w<=h  was  done, 


844  RECORDS  OP   THE  [1659 

&  both  y®  captaine  (pforce,  as  he  said,)  &  the  sd  Raymond 
then  appeareing  &  p^senting  sundry  pleas  &  testimonyes  very 
contradictory  each  vnto  other,  each  party  haveing  threatened 
to  appeale  vnto  the  Comonwealth  of  England  &  there  to 
repi'sent  the  case  to  the  court  of  admiralty  for  justice,  in  case 
they  like  not  the  sentence  here,  so  that  we  could  expect  no 
acquiescence  in  whateuer  issue  could  be  here  adjudged,  nor 
did  the  captaine  produce  any  comission.  Act  of  Parliam*^,  <fec., 
vpon  wch  he  had  so  acted,  or  observed,  onely  he  said  he  had  a 
Sweades  comission,  but  shewed  no,  saying  that  it  was  non 
effect  here.  For  w'^"  causes  or  reasons  aforesd,  as  also  for  that 
no  such  Act  of  Farliam^  phibiting  neighbourly  comerce  betwixt 
adioyning  colonyes  of  Duch  &  English  in  a  time  of  amity 
betwixt  the  two  States  of  England  (k  Holland,  or  such  freinds 
or  subjects  of  either  as  were  so  scituate  in  these  parts,  hath 
[235]  ever  been  sent  ouer  hither  to  be  pmulgate  ||  nor  the 
extent  of  it  euer  declared  to  prohibit  y*"  sending  or  selling  to 
siich  Duch  neighboures  pvisions  or  victualls  for  their  necessary 
vse  &  liuelyhood,  w^h  is  y''  substance  of  all  the  trade  betwixt 
vs  on  the  English  part,  vnlesse  some  wampom  w^'^  is  not  other- 
wise tradeable.  Vpon  these  &  such  like  grounds  as  aforesaid, 
the  court  of  magistrates  here  met  at  Newhaven,  have  vpon 
this  first  of  the  first  moneth  anno  (59,)  declared  &  ordered, 
that  the  whole  matter  be  transmitted  vnto  the  hono''ble  court 
of  admiralty  in  London,  to  be  there  tried  &  issued ;  meane- 
while,  the  whole  estate,  according  to  a  true  invoyce  of  what 
was  seized,  &:  iust  apprisemt,  to  remaine  here  vnder  sufficient 
&  standing  security,  to  be  payable  vnto  whomsoeuer  shall 
have  order  from  that  court  to  receive  it,  when  such  order 
shall  be  produced  &  vndoulitedly  appeare  to  be  the  sentence 
of  that  hono'ble  court.  Which  said  triall  or  posecution  is 
hereby  enioyned  to  be  attended  by  either  party  before  one 
whole  yeare  be  expired  next  after  the  date  of  this  order,  vpon 
the  penalty  of  y^  forfeture  of  all  clayme  or  interest  in  the 
estate  W^  is  here  so  deposited  k  secured,  by  the  party  faileing 
so  to  psecute  or  attend.  The  charges  of  the  first  court  here  to 
be  borne  by  the  said  Raymond,  k  the  charge  of  this  second 
court  by  the  said  captaine  for  the  p^sent,  vnlesse  or  vntill  the 
court  of  admiralty  shall  otherwise  order  or  impose  it  vpon 
either  party.  Vpon  observance  of  this  order,  on  the  captaines 
part,  the  former  order  or  restraint  to  bee  made  voyd  k  the 
captaines  other  security  is  hereby^-eleased. 

The  businesse  betwixt  M'".  Raymond  k  Captaine  Penny 
being  thus  issued,  the  captaine  was  told  that  y^  affronts  he 
hath  offered  to  the  gouerm'  here  (in  disobeying  y^  gouernor^ 


1659]  JURISDICTION   OF  NEW   HAVEN.  345 

warrant  sent  by  the  marsliall,  y*  required  onely  a  delivery  of 
the  vessell  &  goods  vnto  custody  of  authority  here,  vntill  a 
triall  had  past  in  y*"  case  betwixt  M^.  Raymond  &  himself,) 
remaines  yet  to  be  considered.  Vnto  W^^  the  captaine 
answered,  that  he  had  beene  at  the  carrying  in  of  many  prizes, 
but  he  neuer  knew  any  disposest  of  them,  but  if  he  did  any 
thing  affrontingly  to  y*"  gouerm*  he  was  sorry  for  it,  but  with- 
all  said,  that  he  desired  y*"  marshall  to  p^sent  his  service  to  the 
gouerno'"  &  to  tell  him  y*  y®  vessell  &  goods  was  at  his  comand ; 
he  was  told  yt  was  but  words,  but  the  thing  was  not  done, 
wherevponthe  warrant  was  read  &  the  captaines  answere,  W^'^ 
here  followeth, 

Marshall, 

You  are  hereby  required  to  goe  aboard  the  shipp  now  in  the 
harboure,  &  there  or  elsewhere  in  the  towne,  demand  of  Cap- 
taine Penny  the  vessell  &  goods  w^^  he  tooke  of  M^  Ray- 
monds, to  be  deliu'ed  vp  to  the  gouerm*  in  this  place.  Vpon 
y'^  deliu'ry  whereof,  let  a  iust  inventory  be  taken,  l3efore  suffi- 
cient witnesses,  of  what  you  receive,  w^h  you  shall  put  in  safe 
custody  &  securely  keepe,  till  we  can  call  a  court  to  judge  in 
the  case,  W^^  shalbe  without  any  vnecessary  delay  when  the 
wether  is  seasonable  for  the  magistrates  to  come  together, 
whose  order  we  hereby  engage  vessell  and  goods  shall  be  ready 
[236]  to  attend,  Avhether  to  Captaine  Penny,  ||  if  to  him 
judged  lawfull  prize,  (due  care  being  taken  for  that  part  w^'' 
belongs  to  the  Comonwealth  of  England,)  or  to  M^  Raymond, 
if  it  otherwise  appeare.  W^^  if  he  refuse  to  doe,  take  his 
answere  in  writeing  before  witnesses  &  returne. 

Dated  at  Newhaven  y*"  )    ^  Francis  Newman,  Gouerno'". 

25th  of  January,  1659.  )  of  Newhaven  Colony. 

Captaine  Pennyes  answere,  January  25tii^  (59.) 
That  himself  &  sloop  was  at  the  comand  of  y®  gouerm^,  but 
would  not  deliver  it  on  that  warrant  as  I  carryed  to  him  except 
the  authority  would  take  it  away  from  him,  otherwise  he  could 
not  answere  his  masters  in  England  that  did  imploy  him. 
Witnesse 
Tho.  Kimberly, 
Edward  Preston. 

the  marke  of 

Francis  n  Browne. 

The  captaine  was  told  that  he  had  but  trifled  in  this  busi- 
nesse,  sometimes  p''tending  to  a  Sweads  comission,  sometimes 
44 


346  RECORDS   OF   THE  [1659 

to  a  Portiigall  comission,  sometimes  to  a  English  comission; 
the  last  he  now  denyed,  but  was  asked  if  he  had  not  said  he 
had  a  comission  &  if  the  gouerno"^  would  send  aboard  he  would 
shew  it,  &  his  first  letter  speakes  the  same,  and  if  he  did  not 
meane  an  English  comission  he  then  abused  vs,  for  he  himself 
said  yt  an  outlandish  comission  was  of  non  effect  here ;  he  was 
asked  if  hee  had  not  also  said  y'  he  had  no  Sweades  comission, 
w^h  he  granted  to  be  true  that  he  did  so  say  at  y^  Mannatoes 
yt  he  miglit  get  passage  by,  w^^  vntrueth  y®  court  witnessed 
against  &  told  him  that  he  had  by  these  carriages  much  dis- 
honoured himself.  Tlie  captaine  acknowledged  that  it  was  his 
fault  that  he  did  not  obey  the  warrant,  &  desired  the  court  to 
passe  it  by,  &  declared  y ^  it  was  his  purpose  not  to  give  offence 
to  this  gouerm'  while  hee  stayes,  nor  to  any  gouerm'  where 
he  shall  come.  The  captaine  was  told  that  the  consequences 
would  bee  hazzardous,  both  as  it  referrs  to  strangers  or  those 
amongst  o^'selues,  if  men  should  be  suffered  to  dispise  y^ 
authority  &  gouerm^  settled  amongst  vs,  but  he  being  a 
stranger,  the  court  did  encline  to  favour  if  his  future  carriage 
whilest  he  remaines  here  be  to  satisfaction. 

M^  Scott  did  desire  it  might  be  noted  yt  he  did  protest 
against  Captaine  Penny,  &  declared  that  he  was  damnified 
801'  by  the  interrupting  of  his  proceedings  in  his  voyage,  occa- 
sioned by  his  act  concerning  y^  vessell  he  hath  seized  of  M"". 
Raymonds. 

[237]  II  The  vessell  &  goods  returned  by  Captaine  John 
Penny,  &  deposited  with  the  court,  (in  refierence  to  the  case 
depending  betwixt  M^  Raymond  &  himself,)  being  inventoried 
and  apprized,  as  in  a  paper  subscribed  by  W">  Peck,  Thomas 
Kimberly,  ^  in  the  pticulers  doth  appeare,  doth  amount 
to  2381',  9s^  2^1,  besides  w^^  m^.  Raymond  demanded  of  Cap- 
taine Penny,  as  seized  by  him  &  not  returned,  certaine  goods 
to  the  valine  of  45i',  6%  8^1,  w'^i'  here  follow, 

11      s       d  li      s       d 

Beife,  04  00  00  Butter  in  a  fatt,  01  00  00 

Porke,  03  08  11  l^£ili  biskitt,  01  07  00 

Butter  &  a  paile,  00  12  00  12  bush:  onions,  02  08  00 

12  busbell  turnipps,  00  12  00  2  pewter  potts,  00  04  00 

A  wascoat,  00  07  00  3  brest  wimbles,  00  03  00 

A  p'e  of  breeches,  00  08  00  2  hamers,  00  01  06 


1660] 


JURISDICTION   OF   NEW   HAVEN. 


347 


li         8           d 

li         8           d 

6i:  pepp,                          00  14  00 

A  skin  of  beavor. 

00  16  00 

Broad  cloth  3  yrds  J  ^,  03  07  06 

30  cheeses  at  18^, 

02  05  00 

A  munmoth  capp,           00  04  00 

Derrick  Johnsons  goods. 

2  p'e  gray  stockings,      00  05  00 

A  boosh.  pease. 

00  03  06 

Wampom,                       08  00  00 

A  coate  &  breeches, 

02  00  00 

A  shirt,  ribbinni^r        )  ^^   ^^  ^^ 
wampom,  a  neckcloth,  ) 

A  red  capp, 

00  01  03 

2  pillows  &  cases, 

00  08  00 

V/eights,                          00  03  00 

Flower, 

00  04  00 

2  sacks,                           00  07  00 

Wampom, 

08  00  00 

2  yards  of  bangle,          00  05  00 

61  i  butter. 

00  03  00 

A  firkin  of  butter,          01   10  00 

51  i  candles. 

00  04  00 

25  18  05 

19  08  03 

Total,      45  06  08 

M"^.  Richard  Raymond,  Lemuell  Raymond  his  sonne,  aged 
about  15  yeares,  &  Derrick  Johnson,  or  at  least  two  of  them 
to  euery  pticuler  aboue  mentioned,  did  vpon  oath  testify  that 
these  goods,  as  aboue,  were  all  seized  by  Captaine  John  Penny 
&  not  returned,  to  ye  best  of  their  knowledge,  &  that  the 
valine  was  iust.  according  to  their  best  light. 

Before  M^.  Francis  Newman,  Gouernor, 
the  22th  March,  16|f . 

For  w^h  goods  Captaine  Penny  left  salt  (as  he  said)  300 
bushell  as  security. 


[238]  At  a  Court  op  Magistrates  held  at  Newhaven,  the 
28  OF  May,  1660. 
Francis  Browne  of  Stamford  being  bound  ouer  to  this  court 
to  answere  Samuel  Plumb  of  Brandford  in  an  action  of  the 
case  concerning  Edward  House,  appeared,  at  whose  desire,  (he 
being  not  p''pared,)  the  businesse  was  respitted  vntill  ye  court 
of  magistrates  in  October  next.  In  the  meane  time  ye  security 
already  taken  at  Stamford  for  his  appearance  at  this  court,  to 
stand  for  his  appearance  then.  M"".  Crane  y®  magistrate  at 
Brandford  was  desired  to  have  a  vigilant  eye  vpon  Edward 
House  that  he  withdraw  not,  but  that  hee  then  also  attend  the 
court  to  answere  the  complaints  off  Francis  Browne  against 
him. 


348  RECORDS   OF  THE  [1660 

Joseph  Gernsey,plamt\  )  The  plaint',  entred  an  action  of  debt 
Rich.  Mills,  defendant,  )  &  damage  against  the  defendt,  to  the 
vallew  of  9''  or  thereabouts,  dew  vpon  two  bills;  y^  defendt 
owned  y"^  bills,  but  pleaded  that  part  of  the  debt  was  paid ;  the 
plaint  &  defendt  agreeing  betwixt  themselues,  the  court  gave 
no  sentence  in  the  case. 

M.\  Mills,  ])lainteife,  )  The  plaint'  entred  an  action  of  debt 
Widdoiv  Seely,  defendt.  )  to  the  vallew  of  4''  against  the 
defendt,  who  being  called,  answered  not,  but  Leiftennt  Bell  on 
her  behalf  pleaded  that  since  M^.  Mills  hady^  warrant  he  told 
him,  &  he  told/the  defendt,  that  he  would  not  prosecute ;  to 
■^ch  ]Vfr,  Mills  answered  that  what  he  said  was  onely  condition- 
all,  but  he  did  tell  her  the  last  day  of  the  weeke,  that  he  would 
psecute.  Leiftenn'  Bell  now  engaged  that  he  would  vnder- 
take  that  sometime  this  summer  the  debt  should  be  paid 
according  to  agreem*,  w^'i  was  the  pi'sent  issue  at  this  time. 

Sigismund  Richalls  of  Brandford,  security  for  John  Heard- 
man  for  a  fine  of  lO^',  and  for  the  good  behaviour  of  the  said 
John  Heardman  y®  some  of  50'',  as  by  y^  records  in  May  1659 
doth  appeare,  at  his  desire  &  request  was  now  released  from 
his  engagem*^  for  the  50'',  &  vpon  y^  receit  of  a  bill  fro  Ensigne 
Bryan  for  paym^  of  the  10^',  w''  y^  court  accepted,  the  said 
Richalls  was  acquitted  fro  the  said  debt. 

M\  John  Young's,  plaint.  )  The  plainteife  entred 

Richard  Smith  of  Setaucut,  defendant.  )  an  action  of  debt 
against  the  defendant  who  stood  bound  in  a  bond  of  10''  for 
his  appearance  at  this  court,  as  was  testified  by  M"".  Wells,  who 
being  called  answered  not. 

Joh7i  Budd, Junior,  plaint.  )  The  plainteife  entred  an  action 
Richard  Skidmore,  defendt.  )  of  complaint  vpon  suspicion  of 
felony,  against  the  defendt,  for  whose  appearance  certaine 
[239]  goods  belonging  to  the  said  Skidmore  were  ||  attached, 
the  coppy  of  W^^  attachm*  or  warrant  was  p^sented  &  read, 
but  found  in  a  pticuler  to  be  defective,  being  dated  May  3, 
1660,  &  appearanc  enioyned  Ma^^next,  but  M^.  Wells  testi- 
fied that  Skidmore  did  vnderstand  that  he  was  to  appeare  & 
John  Budd  bound  to  prosecute  y®  attachm'^  at  this  court.  Y^ 
defendt  being  called  answered  not,  wherevpon  the  court  did 


1660]  JUEISDICTION  OP  NEW  HAVEN.  849 

order  that  y®  attachmt  on  the  goods  is  to  remaine  vntill  he 
answere  John  Bud  in  y^  case,  or  vntill  further  order  fro  the 
court. 

According  to  what  was  desired  by  the  court,  May  the  23, 
1G59,  the  mare  in  question  betwixt  M"".  Peirson  &  John 
Cowp  was  p^sented  to  be  veiwed  by  y^  court,  at  w^^  time 
brother  Moulthropp  said  that  M"".  Peirsons  colt  was  a  bright 
dun,  but  Mr.  Peirson  affirmed  that  it  was  a  darke  dun. 
Brother  Cowper  said  that  he  neuer  bought  a  bay  colt,  but  a 
black  browne  colt,  &  desired  that  it  might  be  considered  that 
M^.  Peirsons  witnesses  say  y'^  Westalls  mare  had  a  bay  colt ; 
wherevpon  the  court  told  him  they  have  beene  ready  to  heare 
him  or  any  witnesses  produced  by  him,  &  are  still  ready,  if 
he  please  to  pi'sent  them,  but  he  did  nothing  that  way,  only  he 
said  that  he  could  proue  that  this  was  ye  mare  he  bought,  w*^'' 
he  gave  a  small  slitt  in  y^  eare  w^h  grew  vp  againe,  the  trueth 
of  W^^  was  not  much  questioned,  yet  he  might  buy  a  wrong 
mare.  After  this  y^  court  haveing  veiwed  the  mare  &  con- 
sidered the  testimonyes,  after  some  respitt,  y^  defendt  de- 
clareing  that  he  had  no  further  to  say  at  pi'sent  vnlesse  he  see 
cause  of  a  reveiw,  the  court  (M"".  Gilbert  excepted,  wlio  also 
laid  claime  to  the  sd  beast,)  by  way  of  sentence  declared, 

That  they  do  not  appi'hend  any  cleare  euidence  by  either 
party  pi'sented,  yet  the  case  haveing  beene  long  depending, 
■ypch  ye  court  have  desired  might  have  beene  issued  betwixt 
themselues,  or  by  the  help  of  some  freinds  with  them  in  way 
of  arbitration,  but  the  defendt  app^hending  himself  not  in  a 
fitt  capacity  so  to  end  it,  the  court  saw  themselues  called  to 
put  an  issue  to  it,  &  therefore,  according  to  the  euidence 
pi'sented  &  compared  with  y^  mare  now  she  hath  beene  veiwed, 
they  doe  at  present  judg  that  the  most  probable  right  falls  on 
ye  plainteifs  side,  and  that  he  shall  have  y^  mare  &  what 
encrease  she  hath,  in  his  possession,  a  way  being  still  left  open 
for  a  reveiw  by  the  defendt  if  he  see  cause  to  prosecute  that 
way,  or  for  claimes  by  any  other  pson,  wi^^in    ^ 

And  for  the  charges  w<=h  have  beene  expended  about  this 
businesse,  that  they  be  borne  equally  betwixt  them. 

Anthony  Waters,  attorney  for  John  Concklin,  Tho  Osman 


850  RECOEDS  OP  THE  [1660 

&  Tho  Rider,  inhabitants  on  the  land  called  Hashamommock, 
plainteifs,  entred  an  action  of  the  case  against  John  Budd 
senior,  for  breach  of  an  ancient  order  made  for  y^  p''servation 
of  good  neighbourhood,  w^^^  order  or  agreem*^  is  as  folio weth, 
[240]  II  We  whose  names  are  vnderwritten  inhabiting  on  y^ 
necke  of  land  comonly  called  Hashamommock,  considering  that 
our  comfort  &  quiet  settlem*  would  consist  &  stand  in  y^  enjoym* 
of  good  neighbourehood,  did  make  this  agreem^  at  our  first 
sitting  downe,  that  what  man  soeuer  should  desire  to  remoue, 
&  so  endeavour  to  make  sale  of  his  accoiriodations,  should  put 
in  such  neighbour  as  the  other  inhabitants  liveing  with  him 
shall  approue  off.  William  Solman. 

This  is  a  true  coppy  of  y^  Henry  Whitney, 

record,  coppied  by  mee,  Edward  Tredwell. 

William  Wells,  Recorder.  Tho  Benedicke. 

John  Budd  junior  appeared  to  answere  the  sute.  After 
sundry  pleas  made,  both  by  plaint.  &  defent,  the  plaint  finde- 
ing  himself  at  pi'sent  not  sufficiently  furnished  to  make 
proofe  of  some  pticulers  materiall  in  the  case,  desired  onely 
that  the  court  would  declare  whether  they  approue  the  orrig- 
inall  agreem*,  vnto  w^h  ye  court  returned  that  they  see  not 
but  that  ye  agreem*^  is  righteous  in  itself  and  bindeing  to  those 
that  did  first  engage  and  to  their  successors,  pvided  that  due 
meanes  was  afforded  for  y^  knowledg  of  it.  But  it  being  not 
sufficiently  cleared  that  the  defendant  had  sufficient  knowledg 
of  it,  ye  plaint  also  pleading  that  he  doubts  not  to  make 
proof  of  it  when  they  come  home,  they  doe  there  refer  this 
question  to  be  issued  by  y^  court  at  Southold,  (where  the 
state  of  the  question  is  best  vnderstood,)  if  y^  plainteife  shall 
see  cause  further  to  prosecute. 

There  being  pt'sented  to  the  court  by  M^  Wells,  an  award 
drawne  vp  by  himself,  &  otherwise  therevnto  subscribed, 
touching  a  defamation  raised  by  Henry  Case  &  Theophilus 
Curwin,  against  seuerall  psons  therein  nominated,  for  our 
judgm's  in  the  same,  being  divers  of  their  neighboures  in 
Southold  were  vnsatisfied  therew'^'i,  as  also  an  acknowledgm* 
subscribed  by  the  said  Case  &  Curwin  ;  now  we  doe  hereby 
declare,  that  the  arbitrators  having  submitted  what  they  con- 
ceived might  be  iust,  for  satisfaction  in  y^  case,  in  ref- 
ference  to  corporall  punishm*,  vnto  allowance  of  authority, 


1660]  JURISDICTION   OF   NEW   HAVEN.  351 

we  see  no  cause  to  alter  the  award,  but  yt  it  be  observed  in 
that  part  as  in  all  other,  as  the  authority  of  Southold  see  fitt, 
&  not  otherwise. 

The  proceedings  specified  in  a  bond  vnder  the  hand  &  scale 
of  Richard  &  Josua  Raymond,  concerning  y^  p'sent  disposall 
of  some  part  of  the  goods  depositted  w'^  y^  court  in  refference 
to  a  differrence  betwixt  M^.  Raymond  &  Captaine  Penny, 
transmitted  to  the  court  of  Admiralty  in  England  for  issue, 
w^h  was  done  by  y^  gouerno"",  deputy  gouerno"^  &  M^  Gilbert, 
was  approued  by  the  rest  of  the  magistrates. 

Richard  Law  of  Stamford,  (in  the  behalf  of  some  orphans,) 
entred  an  action  of  the  case  against  Geo :  Tucky,  concerning 
a  mare.  M^  Mills,  in  behalf  of  y*=  defendt.,  p'^sented.  a 
[241]  II  writeing  by  him  subscribed  .excuseing  his  non-appear- 
ance, &  for  the  cleareing  of  the  case.  But  it  being  intended 
yt  two  of  the  magistrates  should  shortly  keepe  court  at  Stam- 
ford, the  businesse  was  respitted  vntill  then,  for  heareing,  if 
they  agree  not  betwixt  themselues  in  the  meane  time. 

M^  Wells  certified  y^  John  Corey,  John  Swasey,  M^  John 
Booth,  Joseph  Youngs  senior,  Tho.  Rider,  Edward  Petty, 
Tho.  More,  juni"",  (who  were  all  bound  ouer  to  this  court,  as 
appeares  by  y^  records  of  May  23th^  1659,)  had  taken  the  oath 
of  fidelity. 

John  Concklin,  plaint  in  an  action  of  trespasse  to  y^ 
vallew  of  IQii,  against  John  Corey,  defendt.,  declareth. 

That  the  defendt.  kept  diuers  swine  in  about  the  comons  of 
Hashamommuck  lands,  where  he  had  no  right  so  to  doe, 
whereby  his  now  wife  in  her  widdowhood  had  sustained  great 
losse  in  her  cropp  of  wheat,  &  pease  especially,  &  in  two  loads 
of  pease  by  the  defendts  hoggs  after  they  were  housed,  &  al- 
though y^  pi  wife  gave  the  defendt  notice  divers  times  of  his 
hoggs  continuall  trespassing,  &  that  although  her  sonne  in 
law  kept  the  feild  5  purpose  to  p^'serve  the  pease  &  other 
graine  there  growing,  yet  his  hoggs  would  not  be  kept  out, 
neither  did  the  defendt  vse  meanes  to  p^'uent  them,  to  the 
plaint  knowledg,  although  he  had  no  right  to  keep  hoggs 
there  as  aforesd. 

The  defendt  denyed  not  that  there  was  damage  done  by 


352  RECORDS  OF  THE  [1660 

his  hoggs  in  the  plaint  pease,  but  withall  said  that  part  of  y^ 
damage  was  done  by  hoggs  belonging  to  other  men,  as  well  as 
his. 

The  Court  haveing  heard  the  demand  of  the  plaint',  w^^ 
the  answere  of  the  defendt,  w^h  seuerall  testimonyes  given  in 
on  either  side,  at  last  came  to  vnderstand  that  y®  matter  had 
been  arbitrated  at  Southold.  The  arbitracon  was  cald  for, 
pi-sented  &  read,  wherevpon  it  was  demanded  who  broke  that 
arbitration.  Jo:  Corey  confessed  it  was  his  act,  but  withall 
gave  his  reasons,  W^i^  satisfied  not,  for  W^^  he  was  reproued ; 
after  w"^  the  court  proceeded  to  sentence,  &  declared  that 
the  defendt  shall  pay  to  the  plaint'  for  damage  done  in  his 
pease,  20%  &  for  his  trouble,  expence  &  charges,  20%  as  was 
ordered  by  y^  arbitratoi's,  fro  whose  judgm*  the  court  saw 
not  cause  to  differ,  vnto  w<^h  they  now  add  40^  for  further 
charges,  &  10^  for  the  fees  of  court.  All  W^^,  being  41% 
10%  is  to  be  paid  by  y®  defendt  to  the  plaint,  &  in  case  of  non- 
paym*^  the  court  of  Southold  to  grant  execution. 

John  Concklin,  plaint',  in  an  action  of  slaunder  to  the 
vallew  of  501%  against  John  Corey,  defendt,  declareth. 
That  the  defendt  on  a  training  day,  before  a  great  part  of 
the  traine  band,  did  endeavoure  by  his  words  to  take  away 
his  repute  &  esteeme  amongst  his  neighbours,  &  lay  him  below 
y*  heathen,  &  to  that  end  spake  words  to  this  effect,  or  the 
same  words  following,  viz*:,  that  John  Concklin  was  a  neigh- 
[242]  boure  not  fitt  for  an  Indian  ||  to  live  by,  &  when  the 
plaint'  &  defendt  were  both  sicke,  &  the  plainteife  was  not 
able  to  craule  out  of  his  house,  yet  then  he  killed  one  of  the 
defendts  hoggs,  &  divers  other  words  at  other  times  of  a 
slaunderous  nature,  w^^  will  appeare  more  fully  by  the  eui- 
dences  that  shall  be  given  in. 

The  plaint'  pi'sented  sundry  testimonyes  to  proue-y^  sub- 
stance of  his  declaration,  W^  being  read,  the  defendants  an- 
swere was  called  for,  who  said  that  his  was  a  guilty  pson  & 
could  not  justify  himself,  he  had  done  evill  &  he  saw  it,  he 
confessed  that  he  had  done  manifest  wrong  to  the  plaint'  by 
speakeing  to  his  reproach  as  he  had  done,  W^i^  he  was  sorry  for. 
After  w^i'  the  court  declared  by  way  of  sentence,  that  the 
defendt  shall  pay  the  charges  of  the  court,  w^h  is  10^%  &  that 


1660]  JURISDICTION   OP  NEW   HAVEN.  B53 

it  is  desired  of  M"".  Youngs  the  reuered  pasto^  to  j^  church  at 
Southold,  wth  M^  Wells  &  Mr.  Youngs  the  pi'sent  deputyes, 
that  they  draw  vp  an  acknowledgm*  suteing  the  case,  w^^  jg 
to  be  duely  published  by  John  Corey,  to  the  cleareing  of  John 
Concklin  in  this  matter. 

John  Corey,  (out  his  affection  to  W™  Solmans  children 
(as  he  sd)  for  the  kindenesse  he  had  received  from  their 
father,)  did  now  tender  to  part  w^h  a  peice  of  land  w'*  was 
his  by  the  guift  of  W^^  Solman,  for  w^^  \^q  yf[\\  accept  of 
corne,  cattell  and  wampom  (at  a  due  valine)  for  pay,  &  abate 
20^  of  the  price  as  it  shall  be  determined  by  goodman  Reeues, 
goodman  Furrier,  goodman  Terry  &  goodman  Tucker,  who 
were  by  ioynt  consent  now  chosen  to  determine  that  question, 
if  John  Concklin  accept,  &  W^  Solmans  sonne  may  enioy  it. 

John  Budd  junior  of  Southold,  plaint  in  a  action  of  slaun- 
der  to  the  valine  of  20i',  against  John  Corey,  declared  that 
the  defendant  hath,  as  he  conceives,  charged  him  (in  y^  open 
meeting  house)  with  takeing  a  falce  oath  in  a  testimony  he 
gave  in  against  him  concerning  pease. 

The  defendt  referd  himself  to  the  euidence  in  y*^  case. 

The  depositions  of  Ensigne  Glover,  Tho.  Mapes  and  John 
Concklin  were  by  the  plaint'  p^sented  &  read,  as  followeth. 

These  deponents  being  together  about  the  begining  of  March 
last,  at  the  meeting  house  in  Southold,  saw  a  coppy  of  an 
arbitracon  delivered  to  John  Corey,  touching  certaine  differ- 
ences arbitrated  &  ended  by  indifferent  arbitrators  betweene 
him  &  John  Concklin  abouesaid,  at  w^h  y«  sd  John  Corey  was 
much  discontented  &  said  he  was  wronged  by  falce  witnesse  ; 
the  deponent,  Charles  Glouer,  laboured  w^^  him  to  submitt 
to  the  arbitration,  saying  many  men  in  England  were  hanged 
through  falce  witnesse,  this  was  but  a  20^  matter,  it  was  bet- 
ter to  suffer  then  be  contending,  or  words  to  that  purpose,  but 
John  Corey  replied,  so  am  I  now  hanged  through  falce  witnes ; 
and  the  said  deponents,  Charles  Glouer  &  John  Concklin, 
[243]  further  say,  y^  John  Concklin  asked  ||  John  Corey  how 
he  was  hang'd  by  falce  witnesse,  he  replied  he  was  hang'd  by 
falce  witnesse  about  the  pease  specified  in  the  arbitration,  or 
words  purporting  the  same  in  substance. 

Deposed  the  17  of  May,  (60.)  Charles  Glouer, 

by  Charles  Glouer  &  John  Concklin,  Thomas  Mapes, 

before  mee,    W^^  Wells.  John  Concklin. 

45 


354  RECORDS   OF   THE  [1660 

John  Concklin  said  that  he  neuer  named  John  Budd  in  this 
businesse  that  he  knowes  of,  wherevpon  the  plaint'  was  asked 
how  he  proues  that  John  Corey  slaundered  him,  being  (as  hee 
sajes)  he  named  him  not,  to  w^^  he  answered  that  there  was 
no  other  that  gave  testimony  concerning  the  pease,  therefore 
by  cleare  consequence  he  must  meane  him  who  was  the  onely 
witnesse  in  the  case.  For  the  clearing  of  y^  case,  M^  Wells 
testified  that  there  was  non  that  gave  testimony  before  the 
arbitrators  betweene  John  Concklin  &  John  Corey  but  John 
Budd,  and  that  John  Corey  had  owned  that  he  did  intend 
him  &  had  also  tendered  him  satisfaction.  Charles  Glouer 
also  testified,  w'^^  was  in  writeing  p''sented, 

That  he  being  in  presence  occasionally  at  goodman  Hortons 
house  &  there  being  John  Corey  &  John  Budd  at  difference 
about  some  words  j^  had  passed  fro  John  Corey  against  John 
Budd,  in  W^^  there  was  a  app^hension  of  slander,  and  then  k 
at  that  time  John  Corey  did  tender  such  satisfaction  vnto  John 
Budd  that,  if  the  case  had  beene  his  owne,  he  could  not  chuse 
but  have  taken  it.     And  this  vnder  my  hand  I  give,  ^  me, 

Charles  Glouer. 

John  Corey  now  confessed  that  he  spake  those  words  & 
hath  thereby  done  John  Budd  wrong,  W^^  he  was  sorry  for ; 
he  further  added  that  he  did  tender  John  Budd  to  give  him 
such  satisfaction  as  indifferent  men  (who  John  Budd  should 
chuse)  should  judg  meet.  After  w<^h  the  court  declared  that 
it  appeares,  both  by  euidence  &  the  confession  of  John  Corey, 
that  he  hath  spoken  slaunderously  of  John  Budd,  for  w'^^  it 
seemes  satisfaction  hath  beene  tendered  by  John  Corey,  but 
not  psecuted  as  it  ought  to  be  to  the  satisfaction  of  John 
Budd,  who  should  also  have  beene  more  ready  to  receive  sat- 
isfaction then  it  appears  he  hath  been  ;  all  w^^  being  con- 
sidered, by  way  of  sentence  it  was  ordered  that  John  Corey 
pay  the  charges  of  y  court  &  give  due  satisfaction  to  John 
Budd  by  way  of  acknowledgm*  at  Southold. 

At  the  desire  of  Ensigne  Bryan  the  businesse  concerning  the 
estate  M^  AUerto  deceased,  came  to  be  againe  considered, 
wherevpon  Deacon  Miles  &  Gerv^se  Boykin,  who  were  author- 
ised to  collect  &  conserve  the  sd  estate,  gave  in  their  account  of 
what  they  had  done  in  this  businesse,  viz,  that  they  had  sould 


1660]  JURISDICTION   OF  NEW   HAVEN.  355 

the  time  of  service  dew  fro  John  Little,  servant  to  M^  Allerton 
deceased,  for  S^',  which  is  in  the  hands  of  Jeremiah  Osburne, 
wch  being  added  to  129i',  5%  2^,  makes  the  estate  132'',  5%  2^. 
It  was  also  informed  that  there  is  in  M'".  Ogdens  hand  a  mare 
[244]  &  2  colts  belonging  to  this  estate,  ||  onely  an  account 
w^h  Mr.  Ogden  is  to  be  considered,  w''^  is  not  yet  come  to 
hand ;  also  a  debt  dew  fro  Captaine  Morris  of  Road  Island, 
also  that  there  came  fro  Barbadoes,  (since  M"",  Clarke  came 
thence,)  to  M^.  Lake,  4  hogsheads  of  sugar,  part  of  which 
belongs  to  this  estate.  The  aforesd  agents  were  desired  to  vse 
their  endeavo"  to  get  in  the  estate,  that  so  iust  debts  may  be 
satisfied. 

Ypon  proof  now  made,  a  debt  of  S^i,  16%  1'^,  ob,  to  Sar- 
geant  Jefferies,  &  a  debt  of  5ii,  to  Captaine  Robt.  Martine, 
were  also  allowed,  who  are  to  have  in  pportion  w^^  other  cred- 
itors whose  claimes  were  allowed  in  October  last. 

Besides  w*=h,  Ensigne  Bryan  now  demanded  for  his  sonne 
Rich.  Bryan,  3ii,  W™  East,  21%  9%  6^,  M-".  Lord,  (besides  the 
debt  of  13ii  allowed,)  40%  M"-.  Raymond,  attorney  for  M^. 
Batter  of  Salem,  vpon  bill  but  not  attested,  6'%  5^,  Joseph 
Alsupp,  for  M".  Sheafe  of  Boston,  w^h  he  said  stood  faire  in 
her  booke,  8'' ;  w^h  demands  if  legally  proued  to  satisfaction 
of  the  court  at  Newhaven,  or  the  court  of  magistrates  in  Octo- 
ber next,  shall  be  considered.  In  the  meane  time  their  pro- 
portions, according  to  the  somes  demanded,  shall  in  y'^  division 
of  the  estate  of  132'%  5%  2^,  be  set  out  &  left  in  trust  with 
Deacon  Miles  &  Gervase  Boykin  aforesd,  vntill  it  bee  adjudged 
(by  this  court)  to  them,  they  prouing  their  debts,  if  otherwise, 
then  to  be  divided  in  proportion  to  the  creditors  already  legally 
proued  so ;  but  after  this  time,  no  other  credito"  to  be  admit- 
ted in  refference  to  the  estate  aforesd  of  132'%  5%  2^. 

John  Cowper  also  renewed  his  claime  (vpon  the  estate)  for 
a  debt  dew  (as  he  sd)  vpon  bill  to  John  Westall  of  Seabrooke. 
Mr.  Allerton  testified  that  there  is  more  paid  then  is  made 
received  vpon  y^  bill,  &  that  there  are  other  accounts  w^h  Jo. 
Westall  to  be  cleared,  wherevpon  John  Cowp  tendered  that 
he  would  answere  their  demands  vpon  any  other  accounts  to 
y®  vallew  of  the  debt  demanded  by  him,  but  desired  that  first 


356  RECORDS   OP   THE  [1660 

his  bill  might  be  satisfied.  The  court  told  him  that  it  would 
be  accounted  irrationall  that  Westall  should  assigne  bills  & 
not  be  bound  to  answere  accounts,  especially  where  y^  man  is 
dead  &  the  estate  non  soluant,  but  lett  Westall  come  &  cleare 
accounts,  &  then  his  bill  shall  be  considered. 

M^  John  Davenport,  pastoure  to  the  church  of  Christ  at 
Newhaven,  delivered  into  the  hands  of  the  court  (to  be  kept 
for  the  vse  of  the  magistrates  and  elders  of  this  colony,  as  is 
specified  in  his  writeing  to  them,)  certaine  writeings  concern- 
ing a  trust  comitted  to  himself,  w^^"  some  others,  for  the  dis- 
posall  of  an  estate  given  (by  the  wor^i  Edward  Hopkins,  Esqr. 
deceased,)  for  the  furtherance  of  learning  in  these  parts,  w^'' 
resignation  of  his  power  &  interest  therein  (so  farr  as  he  might 
with  pt'serveing  in  himself  the  power  comitted  to  him  for  the 
discharge  of  his  trust,)  w^h  is  more  fully  &  pticulerly  expressed 
in  the  records  of  the  gen:  court,)  w<=h  was  thankfully  accepted. 
[245]  II  The  last  will  &  testament  of  John  Parmerly,  late  of 
New  Haven  deceased,  was  p'^esented,  made  the  8'^  of  Nouember 
1659,  proued  by  the  oath  of  Deacon  Lindon  &  Deacon  Peck, 
at  a  court  held  at  Newhaven  January  3^,  1659. 

An  inventory  of  the  estate  of  y®  said  John  Parmerly  was 
pi'sented,  amounting  to  TS^',  13^,  0<i,  made  the  2^  of  January, 
1659,  by  Deacon  Pecke  &  Roger  Allen,  &  by  them  attested 
vpon  oath  that  the  apprizem*  was  iust,  according  to  their  best 
light,  &  by  the  widdow  of  the  deceased,  that  it  was  a  full 
inventory  of  y^  estate  of  her  deceased  husband,  to  the  vallew 
of  10%  to  the  best  of  her  knowledg,  at  a  court  at  Newhaven, 
Jann:  3,  (59.) 

The  last  will  &  testament  of  Willm  Davis,  late  of  Newhaven 
deceased,  was  pi'sented,  made  the  18*^  of  the  6*^  moneth, 
1659,  by  the  oath  of  M^  Wakeman  &  Elinor  Glouer  proued, 
the  6th  of  December,  1659,  at  a  court  at  Newhaven. 

An  inventory  of  the  estate  of  the  said  "W™  Davis  was  also 
prsented,  taken  the  21''>  of  October,  1659,  amounting  to  3081', 
0%  O'i,  attested  by  the  widdow  of  the  deceased  to  be  y^  full 
estate  left  by  her  husband  to  the  vallew  of  40%  vnder  or  ouer, 
&  by  M"".  Wakeman  &  James  Bishopp,  that  the  apprisem*^  was 


1660]  JURISDICTION   OF   NEW    HAVEN.  357 

iust,  according  to  their  best  liglit,  at  a  court  held  at  Newhaven 
the  6'h  of  December,  1659. 

The  last  will  &  testam^  of  Tho:  Mitchell,  late  of  Newhaven, 
deceased,  was  p-'sented,  made  the  first  of  October,  1659, 
proued  by  the  oath  of  W»'  Gibbard,  W™  Russell,  Henry 
Glouer,  the  6^^  of  March,  16||,  at  a  coilrt  at  Newhaven. 

An  inventory  of  the  estate  of  the  said  Tho:  Mitchell  was  also 
prsented,  taken  the  2^  of  March,  16f  ^,  by  W'"  Russell  &  Henry 
Glouer,  amounting  to  1281',  10%  ll^,  besides  a  debt  fro  M^. 
Goodyers  estate  2'',  5%  O-^,  &  in  the  iron  works  6i',  3%  O'J,  & 
300  of  pales  in  y<?  woods.  The  aforesaid  apprizers  attested 
vpon  oath  at  a  court  at  Newhaven  y'^  6'^  of  March,  |^,  that 
the  apprisem^  was  iust,  according  to  their  best  light. 

An  inventory  of  the  estate  of  John  Walker,  late  of  New- 
haven deceased,  was  pt'sented,  taken  in  the  moneth  of  Decem- 
ber, 1659,  by  Tho.  Kimberly  &  Henry  Glouer,  amounting  to 
19' i,  12s,  5d^  attested  by  M'.  Wakeman  vpon  oath  to  be  a  full 
inventory  to  the  best  of  his  knowledg,  &  by  y*^  apprizers,  that 
y®  apprizm*^  was  iust,  according  to  their  best  light,  at  a  court  at 
Newhaven,  the  6^^  of  Decembr,  1659. 

The  last  will  &  testam^  of  Hannah  Beacher,  late  of  New- 
haven, deceased,  was  p'"sented,  made  the  13^^  of  June,  1657, 
proued  at  a  court  at  Newhaven  y®  5^^  of  Aprill,  1659,  by  ye 
oath  of  Mathew  Gilbert  &  John  Wakeman. 
[246]  II  An  inventory  of  the  estate  of  the  sd  Hannah  Beacher 
was  also  p^'sented,  taken  the  2^  of  March,  16||,  by  M"".  John 
Wakeman  &  Thomas  Kimberly,  attested  vpon  oath,  that  the 
apprisemt  was  iust,  to  the  best  of  their  light,  at  a  court  at  New- 
haven, Aprill  5th,  1659^  ^^^^  inventory  amounted  to  551',  05", 
06d. 

An  inventory  of  the  estate  of  John  Vinson,  late  of  New- 
haven, deceased,  was  p^sented,  taken  by  Henry  Lindon  & 
Samuell  Whitehead  y^  lO^h  of  9'^  moneth,  1659,  amounting  to 
90^1,  12%  04^,  &  by  y®  apprisers  witnessed  vpon  oath  y^  the 
apprizm*  was  iust,  according  to  their  best  light,  at  a  court  at 
Newhaven,  January  3^,  1659. 

An  inventory  of  the  estate  of  Daniel  Bradely,  late  of  New- 
haven, was  p^sented,  taken  January  4^'',   1658,  by  Willm 


358  RECORDS  OP  THE  [1660 

Bradely  &  John  Allen,  amounting  to  44i>,10s,  9^,  besides  w<=i' 
their  is  a  debt  fro  Rich:  Fellowes  not  yet  cleared,  &  a  sithe  not 
yet  found,  also  some  weareing  cloaths  W^^  were  carryed  away 
by  the  horse  when  he  was  drowned,  not  yet  come  to  hand ;  the 
aforesd  apprisers  witnessed  vpon  oath  that  it  was  a  true  &  full 
inventory e  of  the  estate  of  the  deceased,  both  for  pcells  &  val- 
lew,  to  y*'  best  of  their  light,  at  a  court  at  Newhaven,  Jan:  4, 
(58.) 

A  writeing  was  p'^sented  as  the  last  will  &  testam^  of  Tho. 
Cowper,  late  of  Southold,  deceased,  dated  ^  ,  and  now  in 
court  by  M"".  Wells  testified  vpon  oath  that  the  writeing 
p''sented  was  by  the  deceased  in  his  p'"sence  declared  to  be  his 
minde  concerning  the  disposall  of  his  estate,  w<^^  will  was 
returned  to  M''.  Wells  for  further  proofe. 

An  inventory  of  the  estate  of  the  said  Thomas  Cowper  was 
p^sented,  amounting  to  368ii,  7%  taken  the  20^^  of  January, 
1658,  by  M^  W""  Wells,  Barnabas  Horton,  Barnabas  Windes. 

A  writeing  was  pi'sented  for  the  last  will  &  testam*  of 
Mathias  Curwin,  but  returned  for  legall  pbat. 

An  inventory  of  the  estate  of  the  said  Mathias  Curwin  was 
pi^sented,  taken  the  15'^  7^^  (58,)  by  William  Furrier,  Charles 
Glouer,  amounting  to  313'%  00^,  08<^,  that  the  apprizm*  was 
iust,  was  witnessed  vpo  oath  by  y^  abouesd  apprisers  before 
Barnabas  Horton. 

An  inventory  of  the  estate  of  Joseph  Youngs,  marriner, 
deceased,  was  pi'sented,  taken  y*"  15*^  of  Septemb,  1658,  by 
Wm  Wells,  &  Tho.  Moore,  amounting  to  4771%  09%  &  deposed 
before  vs,  W'"  Wells,  Barnabas  Horton. 
[247]  il  An  inventory  of  the  estate  of  M"".  John  Herbert,  late 
of  Southold,  deceased,  was  p^sented,  amounting  to  2411',  igs^ 
OOd,  taken  by  William  Wells  &  Tho.  More,  Septemb.  7,  1658. 
Deposed  before  vs,  W^  Wells,  Barnabas  Horton,  by  M'^.  Mary 
Herbert,  to  who  administration  was  now  granted. 

An  inventory  of  the  estate  of  Elizabeth  Paine,  widdow,  late 
of  Southold,  deceased,  was  pJ'sented,  amounting  to  271',  15% 
lOfi,  taken  by  Barnabas  Horton,  W'^  Furrier,  Charles  Glouer, 
y«  15tii  of  September,  165.8. 

An  inventory  of  the  estate  of  Feter  Faine,  late  of  Southold, 


1660]  JURISDICTION   OP  NEW   HAVEN.  359 

deceased,  was  pi'sented,  amounting  to  74'',  10%  6<^,  take  the 
15th  of  September,  1658,  by  Barnabas  Horton,  Charles  Glouer 
&  W™  Furrier,  who  were  sworne  the  day  &  yeeare  aboue 
written. 

M"".  "Wells  informed  that  there  was  a  will  left  by  the  hus- 
band of  Elizabeth  Paine,  (now  also  deceased,)  w'^^  will  was 
proued  at  Salem,  by  w'^^  he  gave  some  estate  to  his  children, 
w<^fa  shee  was  to  have  the  vse  of  for  her  life ;  she  being  dead 
they  haveing  a  conceite  that  this  jurisdicon  had  nothing  to 
doe  to  order  the  disposall  of  the  estate,  therevpon,  w'^out 
approbation  of  authority,  divided  the  estate  according  to  the 
will,  but  had  no  respect  to  the  debts  dew  from  y®  estate,  w^h 
yet  remaine  vnsatisfied.  Wherevpon  the  court  declared  that 
the  said  Elizabeth  Paine  dyeing  &  the  estate  being  at  Southold, 
it  falls  vnder  the  cognizance  of  the  authority  here,  &  that  y^ 
division  made  was  disordly,  &  did  therefore  order  that  the 
estate  be  againe  returned,  &  be  responsible  for  paym*  of  all 
lust  debts,  &  then  what  estate  remaines  to  be  divided  accord- 
ing to  the  will  of  the  deceased,  the  care  of  w<^^  businesse  was 
left  to  those  in  authority  at  Southold. 

The  Court  allowed  the  marshall  about  26  shillings  out  of 
the  goods  depositted  in  refference  to  the  differrence  betwixt 
M^  Raymond  &  Captaine  Penny,  for  his  charge  &  paines  in 
&  about  that  businesse. 


[248]  At  a  Court  op  Ellections  held  at  Newhaven  y^  30*^ 
Mat,  1660,  por  the  Jurisdiction. 
Mr.  Francis  Newman  was  chosen  Gouerno^  M^.  Will 
Leete  chosen  Deputy  Gouerno^.  M'.  Mathew  Gilbert  chosen 
Magistrate  at  Newhaven.  M"".  Robert  Treat  chosen  Magis- 
trate at  Milford.  M"".  Jasper  Crane  chosen  Magistrate  at 
Brandford.  Y^  Gouern""  &  Deputy  Gouerno"",  Comissioners, 
M^  Crane  the  third  in  y^  election,  if  God  by  his  pvidence 
should  disable  either  of  the  other.  M^.  Wakeman  chosen 
Treasurer,  &  William  Gibbard  to  supply  his  place,  if  God  by 
his  prouidence  should  disable  M^  Wakeman,  (who  was  now 


360  RECORDS   OF  THE  [1660 

sicke,)  for  ye  discharge  of  that  trust.  William  Gibbard  chosen 
Secretary.  Tho:  Kimberly,  Marshall.  All  for  the  yeare 
ensuing. 


At  a  Generall  Court  held  at  Newhaven  for  y^  Juris- 
diction, THE  30'J'  OF  May,  1660. 

The  Deputies  pi'sented  their  cirtificates,  w"^  were  approued, 
all  for  the  yeare  ensuing  except  Milford  &  Southold,  which 
were  only  for  this  p^'sent  court.* 

As  an  alteration  of  the  printed  law  concerning  publique 
charges,  it  is  ordered,  that  both  for  this  yeare  &  henceforward 
vntill  further  order,  that  all  sheep  of  a  yeare  old  or  aboue 
shalbe  rated  but  at  15^ 

It  is  ordered  that  no  act  or  agreem*  made  or  done  by  psons 
vnder  age,  bindeing  themselues  for  yeares,  shall  be  accounted 
valid,  vnlesse  there  be  y^  expresse  consent  of  their  naturall 
parents  or  of  some  magistrate,  or  other  authority  in  planta- 
tions where  there  is  no  magistrate,  and  y^  no  servant  shall  be 
assigned  fro  man  to  man  but  before  the  authority  of  the  place 
&  by  their  allowance. 

There  being  a  small  estate  left  by  Daniell  Bradely  deceased, 
the  court  was  desired  to  declare  how  that  estate  should  be  dis- 
posed off,  wherevpon  it  was  ordered,  that  the  estate  of  Daniel 
Bradely  (his  iust  debts  being  paid)  shalbe  divided  amongsts 
his  relations,  viz,  his  mother,  brethren  &  sisters  in  equall 
pportions,  except  Willm  Bradely,  who  being  a  brother  by  the 
father  only,  is  to  have  but  a  half  share  with  y^  rest. 

M^  Wells  informed  that  John  Budd  senior,  of  Southold,  had 
before  &  in  the  p^'sence  of  their  freemen,  signified  his  desire 
to  lay  downe  his  place  of  leiftenn*,  (w^h  he  himself  now  in  a 
letter  to  the  gouerno'"  also  declared  &  desired,)  vnto  w^^^  y« 
said  freemen  gave  their  consent,  &  that  the  soldiers  had  for 
some  time  beene  exercised  by  Ensigne  Charles  Glouer,  where- 
vpon the  court  desired  that  y*'  saiid  ensign  (as  propp  to  his 

*  The  Deputies  for  the  town  of  New  Haven,  chosen  May  21,  1660,  were  Mr.  John 
Wakeman  and  Leiut.  John  Nash,  Ensign  Henry  Lindon  the  nest  in  choice. 


1660]  JURISDICTION   OF   NEW   HAVEN.  361 

place,)  doe  attend  (as  cheife  in  comand,)  the  charge  &  care 
[249]  II  of  the  millitaiy  businesse,  vntill  y^  freemen,  accord- 
mg  to  their  liberty,  shall  make  choyce  of  himself  or  some  other 
to  some  higher  office,  as  they  shall  judge  meet. 

It  is  hereby  recomended  to  the  freemen  of  the  seuerall  plan- 
tations of  this  colony,  as  they  are  furnished  w'^  able  men  for 
such  seruice,  that  they  would  make  vse  of  their  liberty  for  to 
make  choyce  of  such  to  the  place  of  a  captaine,  whom  they 
judge  meet  to  vndertake  that  trust,  &  pi'sent  them  to  y''  gen- 
erall  court  in  May  next  for  approbation  &  confirmation. 

A  writeing  from  Stamford  subscribed  by  25  of  y^  inhabit- 
ants, dated  May  the  28^1%  1660,  was  pi'sented  &  read,  wherein 
they  complained  of  much  wrong  they  had  sustained  by  Indians 
killing  their  hoggs,  w''^^  the  court  tooke  into  consideration,  but 
the  Indians  not  being  pi'sent,  nor  any  to  testify  to  the  pticuler 
injuries  sustained,  it  was  left  to  further  consideration. 

Ypon  information  fro  Stamford  &  otherwise  of  much  damage 
done  by  Indians  by  killing  of  swine  &  other  cattell,  it  was 
ordered  that  in  euery  plantation  due  meanes  shall  be  vsed  for 
the  informing  of  the  Indians  concerning  the  printed  law 
against  theft,  according  to  the  true  meaning  &  extent  of  it,  & 
yt  it  be  declared  to  them  that  they  must  expect  to  be  proceeded 
against  according  to  that  law  if  they  shall  be  found  breakers 
of  it. 

The  order  made  in  May  (59,)  referring  to  the  court  of 
magistrates  in  October  following  concerning  the  sizes  of  shooes, 
w«=h  could  not  then  be  attended  because  the  said  instrumt  there 
mentioned  was  not  p'^sent,  is  now  againe  referred  to  y^  court 
of  magistrates  in  October  next,  in  all  respects  as  then  it  was, 
before  w^^  time  Francis  Bell  engaged  to  send  the  said  instru- 
ment to  Newhaven. 

Mr.  Walker  &  Sargeant  Baldwin  coming  to  the  court,  y 
busines  of  Paugasett  came  into  consideration  &  debate,  &  Sar- 
geant Baldwin  informed  that  an  Indian,  called  ^  ,  the 
pprietor  of  the  meadow  called  hoggs  meadow,  had  bestowed 
the  said  meadow  vpon  him,  &  the  said  Richard  Baldwin 
desired  that  it  might  be  an  appendix  to  Paugasett,  where  some 
further  p'^parations  had  beene  made  this  winter  by  fenceing, 
46 


362  RECORDS   OF   THE  [1660 

for  the  carrying  it  o  to  a  village,  W^  tliey  intended  to  pursue. 
Against  what  was  propounded  concerning  hoggs  meadow  those 
of  Milford  objected  that  it  would  straiten  their  plantation  if 
that  should  be  granted,  to  W^i'  Sargeant  Baldwin  answered 
that  he  conceived  it  must  fall  one  of  these  three  wayes,  the 
meadow  being  his,  1,  that  either  it  be  an  appendix  to  Pauga- 
sett,  or  2<^,  that  as  he  is  a  planter  at  Milford  he  may  enioy  it, 
or  thirdly,  if  Milford  have  it  he  may  have  a  vallewable  consid- 
eration for  it.  Concerning  w^  meadow  the  court  did  nothing 
[250]  at  this  time,  but  the  ||  order  made  in  (58,)  was  read  & 
they  were  told  that  this  matter  of  Paugasett  had  been  4  or  5 
yeares  vnder  consideration,  &  that  the  court  had  been  often 
exercised  w'^'  it,  and  it  was  now  expected  that  they  should 
have  heard  that  Paugasett  had  been  in  a  settled  way  to  y" 
ends  ppounded,  before  this  time;  but  when  the  returne  is 
given  they  onely  say,  they  have  done  something  about  fenceing, 
&  so  it  is  delayed  from  court  to  court  &  held  in  a  dallying 
way  for  4  or  5  yeares  together.  Sargeant  Baldwin  pleaded 
that  he  was  hindered  by  obstructions  he  had  mett  with  by  y^ 
ordinary  at  Milford  &  by  sicknesse  the  last  summer,  where- 
vpon  y®  court  declared,  that  they  would  make  triall  for  one 
yeare  more,  but  if  Paugasett  become  not  a  village  by  yt  time 
to  the  ends  ppounded,  what  was  ordered  the  last  yeare  they 
expect  to  be  attended,  and  that  if  the  worke  goe  not  on  in  the 
meaue  time  to  the  satisfaction  of  the  court  of  magistrates  in 
October  next,  Edward  Wooster,  with  any  other  that  is  there, 
shall  bee  remoued  &  not  suffered  to  Hue  in  such  an  vnsatisfy- 
ing  way  as  now  they  doe. 

It  is  ordered  that  whosoeuer  shall,  directly  or  indirectly,  sell 
or  give  any  dogg  or  bitch,  whether  elder  or  younger,  to  any 
Indian,  he  shall  pay  to  the  plantation  where  such  fault  is 
comitted  as  a  fine,  40^. 

It  is  ordered  that  whosoeuer  without  license  from  some 
magistrate,  or  other  authority  where  there  is  no  magistrate, 
shall  sell  any  wine  or  cidar  by  lesse  quantity  then  a  quarter 
cask,  &  of  liqueurs  lesse  then  10^  gallons,  he  shall  pay  such 
fine,  or  suffer  such  punishm*  as  is  exprest  in  y®  law  concern- 
ing cidar,  anno  (59.)     But  where  the  seller  cannot  be  come 


1660]  JURISDICTION   OP   NEW   HAVEN.  363 

at,  the  fine  shall  be  required  of  the  buyer,  w*=h  fine  shalbe  to 
the  plantation  where  such  offence  is  comitted. 

By  way  of  addition  to  the  law  concerning  Quakers,  anno 
(58,)  it  is  ordered  &  declared  that  it  is  left  to  the  liberty  of 
the  authority  in  each  plantation,  either  to  inflict  such  punishm'^ 
for  the  first  &  second  offence  as  y*^  law  pvides,  or  to  punish 
them  by  a  fine  of  S^'  for  the  first  offence  &  by  a  fine  of  10^'  for 
the  second  ofience. 

It  was  propounded  that  there  might  be  a  generall  training 
at  Newhaven  this  yeare,  of  all  the  soldiers,  both  horse  &  foote, 
belonging  to  the  seuerall  plantations ;  but  it  being  found  that 
the  fittest  season  was  past,  y®  spring  being  so  farr  spent,  it  was 
at  this  time  ordered,  that  all  y^  horses  w<=h  either  now  are  or 
before  that  time  shall  be  listed  in  y^  plantations,  w^h  so  many 
of  the  foot  companyes  as  the  officers  shall  now  agree  vpon, 
(Stamford  &  Southold,  hj  reason  of  their  distance,  being  left 
at  their  liberty,)  shall  meet  at  Newhaven  the  last  third  day  of 
the  weeke  in  September  next,  to  carry  on  a  training  for  2 
[251]  dayes,  for  whose  encouragm*  ||  it  is  ordered,  that  at 
the  charge  of  the  jurisdiction  a  barrell  of  powder  shall  be 
prouided  for  them  &  then  distributed  to  them. 

The  customs  &  excise  of  the  whole  jurisdiction  are  let  out 
to  Ensigne  Bryan  at  30''  for  the  yeare  ensuing,  but  y''  forfeit- 
ures that  may  be  made  by  non  entry,  &c,  remaine  to  the  juris- 
diction &  informer. 

Vpon  weighty  grounds  prsented,  ye  court  desired  y^  gou- 
erno'"  &  deputy  gouerno"'  to  goe  to  Stamford,  there  to  keep 
court;  Rich.  Lawes  &  Francis  Bell  were  chosen  to  assist  in  y^ 
said  court ;  w^^i  court  hath  power  comitted  to  them  equall  to 
any  plantatio  court  assisted  by  two  magistrates.  It  was  fur- 
ther ordered,  while  there  is  need,  that  two  magistrates  shall 
be  yearely  sent  to  Stamford  to  keepe  court,  at  the  charge  of  the 
jurisdiction,  y^  charge  of  entertainem*  at  Stamford  excepted, 
w^h  is  to  be  borne  by  themselues.  And  the  like  priviledg, 
vpon  y^  same  tearmes,  is  granted  to  any  other  plantation  who 
shall  desire  y''  help  of  two  magistrates  to  be  sent  to  them, 
pvided  y®  court  judge  that  they  stand  in  neede  of  such  help  to 
be  afiforded  to  them. 


364  EECOEDS   OF   THE  [1660 

At  the  motion  of  M^.  Bishopp,  pastoiir  to  the  church  at 
Stamford,  y®  court  also  desired  M^.  Davenport  &  M"".  Peirson 
to  goe  to  Stamford,  to  afford  their  counsell  &  help  for  y^  well 
settling  of  their  church  affaires;  but  if  M"".  Davenport,  by 
reason  of  his  weakenes  &  ye  hotnesse  of  the  season,  do  finde 
himself  vnfitt  for  the  journey,  it  is  desired  that  he  would  nom- 
inate another  in  his  stead.  And  the  magistrates  to  have  one 
man,  &  the  elders  another,  to  attend  vpon  them,  at  y^  jurisdic- 
tion charge,  except  expences  at  Stamford. 

It  is  ordered  that  50^'  shall  be  paid  to  the  gouerno'',  and  20'' 
to  the  deputy  gouerno'",  for  the  yeare  ensuing. 

It  is  ordered,  that  the  treasurer  shall  buy  2  barrells  of 
powder  to  make  vp  the  jurisdiction  stocke,  &  another  barrell 
to  be  distributed  to  the  soldiers  at  their  meeting  at  New  Haven 
in  the  latter  end  of  September  next. 

This  Court,  while  now  sitting,  have  received  fro  Nath: 
Siluester  of  Shelter  Island,  a  slanderous  &  blasphemous  letter 
vnder  the  couert  of  another,  written  with  his  owne  hand, 
together  with  some  information  of  sundry  calumnious  and. 
opprobrious  speeches  vttered  at  Southold,  against  y^  courts  & 
magistrates  of  New  England,  as  well  as  o'^selues  in  pticuler; 
as  also  that  himself  (professing  to  be  a  Quaker,)  hath  beene  a 
frequent  harbourer  to  give  entertainem^  to  y'  cursed  sect,  who 
fro  his  island  have  frequently  taken  opportunity  to  come 
amongst  o''  people,  soweing  the  seeds  of  their  pnitious  doc- 
trines, &  sometimes  by  grosse  affronts,  publiquely  to  make 
disturbance  at  Southold ;  all  w'^'^  practises  are  highly  offensive, 
dishonorable  to  God  &  contrary  to  law,  &  not  to  be  suffered  by 
[252]  vs.  II  Wee  therefore  order  &  appoynt,  y'  forthwith 
1001'  of  ye  said  Nathaniels  estate  within  this  jurisdiction  be 
attached  &  seised,  &  not  to  be  released  vntill  this  court  of 
magistrates  have  received  satisfaction  from  him  for  these  & 
such  like  offences,  if  proued  against  him,  notice  being  given 
to  him  to  appeare  at  the  court  of  magistrates  held  at  Newhaven 
the  17th  of  October  next,  then  &  there  to  answere  these  com- 
plaints &  what  else  shalbe  charged^  against  him. 

At  the  desire  of  the  freemen,  M''.  William  Wells  and  Cap- 
taine  John   Youngs  were  chose  deputies  for  the  towne  of 


1660]  JURISDICTION   OF  NEW   HAVEN.  365 

Southold  for  the  yeare  ensuing,  who  are  authorised  to  hold  a 
court  once  a  quarter,  if  neede  require.  Barnabas  Horton, 
Barnabas  Windes  and  Charles  Glouer,  were  chosen  to  be  their 
assistants  in  that  worke,  who  have  equall  power  &  vote  with 
them  dureing  the  time  of  sitting  in  the  court,  (and  no  longer,) 
to  heare,  judg  &  determine  w^h  them  of  all  matters  within 
their  limitts  &  power  formerly  granted  to  the  court  there. 
And  in  case  that  any  of  these  three  shall  be  absent,  they 
have  liberty  to  call  in  any  of  the  freemen,  by  ioynt  consent, 
to  supply  the  place  of  the  absent  party  or  parties.  M^  Wells 
&  M^  Youngs  now  tooke  the  deputies  oath,  who  are  to  admin- 
ister the  said  oath  to  the  other  three  aboue  named. 

Vpon  a  motion  of  some  of  the  deputies,  concerning  en- 
larging the  troop  of  horse,  it  is  ordered,  that  any  pson  or 
psons  in  any  of  the  plantations  within  this  colony  y'  will  finde 
horses  &  furnitture  for  them  fitt  for  service,  when  such  horses 
with  their  furniture  are  in  readinesse,  and  such  psons  as  so 
list  themselues  shall  be  allowed  by  y^  authority  in  that  plan- 
tation so  to  doe,  they  shall  be  freed  fro  paym^  of  rates  arise- 
ing  vpon  civell  accounts,  in  reiferrence  to  their  psons  &  horses, 
^yth  grant  of  such  other  priviledges  as  is  allowed  by  this  court 
to  the  troupers  already  settled,  provided,  that  such  as  so  list 
themselues  shall  alwayes  be  in  readinesse  for  service  when 
called  forth,  &  shall  keepe  such  horses  &  not  dispose  of  them, 
nor  yet  vnlist  themselues  or  horses  without  liberty  fro  the 
plantation.  Also  that  both  those  already  ordered,  &  those 
that  shall  be  added,  shall  traine  euery  training  day,  at  least 
for  this  next  yeare,  &  that  what  number  of  horses  are  added 
in  each  plantation  &  how  furnished,  shall  in  writeing  yearely 
be  certified  to  the  generall  court. 

Whereas  this  Court  is  advertised  of  some  dwellers  in 
townes  within  this  jurisdiction,  who  are  owners  or  managers 
of  some  cattell  or  other  estate  w^h  jg  transcient  &  fleeting, 
sometimes  within  &  sometimes  "svithout  the  bounds  of  the 
colony,  and  so  possibly,  if  no  law  were  prouided  accordingly, 
[253]  might  escape  ||  paym*  of  rates  or  publique  charges 
any  where,  it  is  therefore  ordered,  that  whosoeuer,  being  an 
inhabitant  in  any  towne  in  this  jurisdiction  &  standeth  pos- 


366  RECORDS  OF  THE  [1660 

sessed  or  is  owner  of  cattell,  or  other  moueable  estate,  w^^  is 
transcient,  &  passing  betwixt  tliis  jurisdiction  &  any  other, 
w^h  may  be  there  abideing  for  some  space,  yet  shall  returne 
home  againe  to  y^'  owner  here  and  so  abide  for  a  considerable 
time,  he  shall  pay  all  rates  for  snch  transcient  estate,  as  well 
as  for  what  is  here  more  constantly  abideing,  whether  it  be 
estate  at  sea  or  on  shore. 

Forasmuch  as  yS  by  some  former  lawes,  this  court  hath 
taken  care  in  some  more  generall  way  to  pt'uent  inconvenience 
&  charge,  likely  to  grow  or  come  to  this  colony  or  any  of  the 
plantations  therein,  by  the  idle  or  euill  liveing  or  miscarry- 
ings  of  psons  here  resident,  w<=h  orders,  for  want  of  some  fur- 
ther extension  or  explication  of  some  pticulers  from  whence 
such  inconvenience  or  charges,  &c.,  may  grow,  &  of  some  other 
psons  who  may  also  walke  offensively  in  like  practises,  did  see 
cause  to  declare  that  all  psons,  whether  householder,  sojourner, 
child,  or  servant,  shall  be  found  &  convict  before  any  of  the 
magistrates,  or  other  settled  authority  of  the  towne  where  it 
is  done,  to  meet  or  company  together  in  any  kinde  of  vaine 
manner  or  vnseasonable  time,  whether  by  day  or  by  night,  to 
mispend  &  wast  the  potions  talent  of  these  gospell  seasons  of 
grace  w^^^i  we  yet  enioy,  to  the  hurt  &  hinderance  of  religeous 
education  in  all  godlynes  &  honesty,  (vnto  w<=h  formerly  the 
youth  of  New  England  have  vsed  to  improue  time  by  meet- 
ings more  frequently  after  a  godly  sort,  to  the  encouragem* 
of  the  hearts  and  strengthening  of  the  hands  of  magistrates, 
ministers  &  parents,  in  the  workes  of  Ohrists  gouerment  vnder 
their  seuerall  hands  respectively,  then  of  later  yeares  can  be 
observed,)  now  y*  it  may  more  clearely  be  vnderstood  what 
we  judge  to  be  such  miscarriages  or  misdemeano"^^  amongst 
such  psons,  as  doe  thus  tend  to  discourage  Gods  worke  vnder 
ot"  hands  and  may  prone  hurtfull  &  hindersom  to  the  profitting 
of  o"^  posterity  riseing,)  Wee  doe  expresses  that  not  onely  such 
night  meetings  vnseasonably,  but  corrupt  songs,  &  foolish 
jesting,  or  such  like  discourses,  wanton  &  lascivious  carryages, 
mixt  dancings,  imoderate  playing  at  any  sort  of  sports  & 
games,  or  meere  idle  liveing  out  of  an  honest  calling  indus- 
triously, or  extravagant  expences,  by  drinking,  apparrell  &c.. 


1660]  JURISDICTION  OP   NEW   HAVEN.  367 

have  all  &  eiiery  of  them  such  a  tendency ;  All  W^  we  desire 
&  appoint  should  be  duely  witnessed  against  by  the  authority 
in  each  plantation,  according  to  their  discretion,  all  circom- 
stances  being  duely  weighed,  according  as  they  shall  appeare 
to  aggravate  or  lessen  y^  offence  or  offences ;  And  the 
[254]  II  families  or  family  gouerno'^s  ouer  such  psons,  are 
required  to  observe  &  give  information  of  all  psons  vnder 
their  respective  charges  herein,  vnlesse  they  intend  to  be  ac- 
counted accessary  to  the  offences  of  such  as  are  vnder  their 
power,  &  to  be  dealt  withall  accordingly. 

Henry  Tomlinson  of  Stratford,  haveing  beene  called  before 
the  court  of  magistrates  in  October  last,  to  answere  for  an 
vniust  molestation  of  our  gouernof  by  an  arrest  at  Connecti- 
cote  in  September  1659,  was  then  bound  ouer  to  this  court, 
who  being  called,  appeared.  Y^  record  of  court  concerning 
him  in  October  being  read,  &  therein  the  case  depending 
being  reprsented,  y^  deputy  gou'no""  declared,  that  he  heard 
what  had  past  formerly,  now  what  convictions  he  hath  since 
had  of  his  evill  in  this  matter,  if  he  had  ought  to  say,  the 
court  would  heare ;  but  if  he  would  defend  the  case,  they 
were  ready  to  heare  that  also.  Vnto  w^h  Henry  Tomlinson 
answered,  that  he  came  not  to  justify  himself,  but  saw  cause 
to  condemne  himself  for  acting  as  he  had  done,  &  confessed 
that  he  wanted  words  to  expresse  himself  as  the  case  requires. 
The  court  and  sundry  others  that  were  pi'sent,  haveing  ex- 
pressed to  Hen:  Tomlinson  the  deep  sence  they  had  of  his 
evill  in  the  carriage  of  this  matter,  as  distructive  to  gouerm* 
and  good  order  &  the  peace  of  the  colonyes.  Hen  :  Tomlinson 
being  ill  in  body,  they  left  it  with  him  to  consider  off  & 
respitted  the  matter  vntill  the  morrow  for  y^  issue  of  it. 

On  the  morrow  the  deputy  gouerno''  declared  to  him  y* 
before  the  court  spake  to  him,  they  would  yet  heare  what  he 
had  to  say,  but  they  would  not  have  it  vnderstood  yt  they 
begged  an  acknowledgm*^  of  him,  for  they  knew  how  to  doe 
iustice  in  the  case,  but  desired  him  to  deale  cinserely  &  vp- 
rightly  in  what  he  spake ;  wherevpon  he  exprest  himself  as 
in  a  writeing  subscribed  by  him  doth  appeare,  w^  is  as  fol- 
loweth, 


368  RECORDS  OF   THE  [1660 

Henry  Tomlinson  declared  that  when  y^  businesse  concern- 
mg  the  forfeitures  of  wines  &  liquoiirs  was  issued  by  the  court 
here,  he  was  well  satisfied,  &  so  was  his  wife  for  ought  he 
knew,  &  then  resolued  to  rest  in  what  was  done  ;  yet  after- 
wards his  wife  relateing  the  case  to  a  man,  (not  of  Connecti- 
cote  colony,)  he  told  her  that  there  might  be  releife,  &  advised 
to  bring  it  about  in  Connecticote  court,  yet  his  minde  was 
still  to  let  it  fall,  but  his  wife  was  earnest  with  him  to  have 
the  matter  called  ouer  againe,  w^^  he  being  not  willing  to, 
endeavoured  to  hide  the  time  of  the  meeting  of  the  comis- 
sioners  fro  her,  but  she  was  told  by  a  man  w^^  came  to  their 
house  that  comissioners  had  been  sitting  a  weeke  ;  vpon  yt 
shee  earnestly  prest  him  to  prosecute  the  businesse,  whose  im- 
[255]  portunity  was  such  y'  he  could  not  be  quiett,  either  ||  at 
bed  or  board,  but  his  house  was  euen  a  prison  to  him  ;  vpon 
w<=h  he  went  to  Connecticote  &  got  a  warrant  fro  the  secretary 
&  acquainted  M=".  Allen  &  Mr.  Talcote  with  it,  who  were  dis- 
pleased with  him,  neuerthelesse  he  proceeded  in  this  action, 
ye  euill  whereof  he  hath  beene  shewed  by  M^.  Davenport  & 
others,  for  w"^^  he  sees  cause  to  judg  himself  as  acting  in  a 
way  distructive  to  the  peace  of  the  colonyes  ioyned  in  combi- 
nation ;  he  said  that  he  was  convinced  that  it  was  a  great  sin 
to  rise  vp  against  y^  gouerno''  in  such  a  manner,  w<=h  is  a 
breach  of  the  5ti»  commandm^ ;  and  whereas  the  rule  enioynes 
him  to  live  peacably  w^'>  all  men,  as  much  as  in  him  lyeth, 
he  confessed  that  he  had  not  attended  this  rule,  &  professed 
his  sorrow  for  yeelding  to  the  importunity  of  his  wife ;  he 
further  said,  he  saw  the  act  itself  was  a  great  pvocation  of 
God,  &  iustly  offensive  to  ye  people  of  God,  a  very  injurious 
molestation  to  &  slaunder  of  y^  gou'no'",  &  grosse  affront,  a 
high  disturbance  to  peace  &  soweing  seeds  of  such  contension 
amongst  the  colonies  as  might  grow  to  a  quarrell  in  time,  w^h 
he  sees  to  be  a  breach  of  ye  6''^  &  9th  comandm^s,  &  greatly 
aggravated,  for  that  he  hath  alwayes  formerly  &  still  doth  see 
cause  to  justify  the  courts  proceedings  in  that  businesse  as 
legall,  &  onely  that  they  were  by  some  testimonies  misinform- 
ed ;  he  desired  that  God  would  help  him  further  to  see  his 
sinne,  &  y'  it  may  be  a  warning  both  to  himself  &  others  for 
attempting  the  like,  w^h  if  any  should  doe,  he  should  judge  it 
his  sinne,  &  as  the  fruit  of  his  evill  example. 
This  writeing  being  read  in  the  Henry  Tomlinson. 

prsence  of  Henry  Tomlinson,  was 

by  him  subscribed,  this  2*^  of  June,  (60,) 

in  ye  prsence  of  John  Hodsho,  Jo  Harriman. 

The  Court  told  Hen:  Tomlinson  that  they  looke  vpon  his 


1660]  JURISDICTION   OF   NEW   HAVEN.  369 

fact  as  tending  to  onerthrow  o""  goiierment,  throwing  vp  of 
foundations,  as  warring  against  tlie  Kinge  of  peace,  y*  i^ath 
so  long  continued  peace  amongst  the  colonyes  ;  hee  was  wisht 
to  consider  that  its  one  of  those  things  that  God  hates,  to  sowe 
discord  among  brethren,  but  to  sowe  discord  among  brother 
colonies,  (as  we  may  say,)  is  a  high  provocation  of  God,  as 
being  a  soweing  discord  amongst  thousands  of  brethren,  and 
that  he  should  be  the  first,  as  a  ringleader  in  such  a  way  as 
tendeth  to  y*"  violation  of  our  peace,  (as  much  as  in  him 
lyeth,)  it  concern'd  him  sadly  to  lay  it  to  heart.  After  w'''^ 
y®  deputy  gouernour,  in  the  name  of  the  court,  by  way  of 
sentence  declared,  that  they  had  considered  the  case  as  it  hath 
beene  rep''sented,  they  had  alsoe  considered  the  acknowledgm^ 
he  had  made  &  y*^  penitenciall  frame  he  seemes  to  be  in,  & 
although  they  might  thinke  of  a  higher  censure  then  they 
shall  now  declare,  yet  they  desired  to  shew  themselues  mer- 
ciful!, meeting  repenting  men,  and  therefore  do  declare,  that 
[256]  what  acknowledgm^  he  hath  ||  made,  shall  be  drawne 
vp  in  writeing  &  subscribed  by  him,  and  that  they  lay  vpon 
him  a  fine  of  100^',  for  which  he  is  to  give  his  bond,  w'^'^  100'', 
the  court  will  call  for  w"  they  see  cause,  and  that  he  pay 
the  charges  to  the  marshall  &  remaine  vnder  his  care  vntill 
this  be  done. 

It  is  ordered  that  the  deputies  for  Newhaven  &  Captaine 
John  Youngs,  (if  he  by  the  prouidence  of  God  shalbe  here 
p'"sent,)  shall  recomend  this  case  foregoing  to  the  considera- 
tion of  the  honoured  Comissioners  for  the  Vnited  Colonyes, 
at  their  next  meeting  in  Sept:  next. 

Richard  Lawes  &  Francis  Bell  were  chosen  &  sworne  con- 
stables for  Stamford  for  the  yeare  ensiling,  who  have  the  same 
power  comitted  to  them  as  y*^  constable  there  formerly  had. 

A  writeing  was  pi'sented  by  the  Reuerend  M"".  John  Daven- 
port as  folio  we  th. 

Quod  fcelix  faustumq;  sit,! 
On  the  4th  clay  of  the  4'^  Moneth  1660,  Jo"  Daven- 
port, pastor  to   the  church  of  Christ   at  Newhaven, 
prsented  to  the  Hond;  General  Court  at  Newhaven  as 
folio  weth, 

47 


370  REC0ED9  OP  THE  [1660 

Memor^"™, 

1  That  sundry  yeares  past,  it  was  concluded  by  the  said  gen- 
erall  court  that  a  small  colledg,  (such  as  the  day  of  small  things 
will  pmitt,)  should  be  settled  in  Newhaven,  for  the  education 
of  youth  in  good  litterature,  to  fitt  them  for  publick  services 
in  church  &  comonwealth,  as  it  will  appeare  in  the  publicke 
records.* 

2  Herevpon  the  said  John  Davenport  wrote  vnto  our  Hon^J: 
freind  Edward  Hopkins  Esq;,  then  liveing  in  London,  the 
result  of  those  consultations ;  in  answere  wherevnto  the  said 
Edward  Hopkins  wrote  vnto  j^  said  John  Davenport  a  letter, 
dated  the  30*''  of  the  2d  moneth,  called  Aprill,  1656,  begin- 
ing  with  these  words,  Most  deare  S"",  the  long  continued 
"respects  I  have  received  from  you,  but  especially  the  speake- 
"  ings  of  the  Lord  to  my  heart  by  you,  have  put  mee  vnder 
"  deepe  obligations  to  love,  &  a  returne  of  thankes  beyond  what 
"  I  euer  have  or  can  expresse  &c,  then  after  other  passages, 
"  (w^h  being  secretts  hinder  mee  from  shewing  his  letter,)  he 
"  added  a  declaration  of  his  purpose  in  reference  to  y^  col- 
"  ledg  about  W''  I  wrote  vnto  him.  That  w^^  the  Lord  hath 
"  given  mee  in  those  parts,  I  ever  designed  the  greatest  part  of 
"  it  for  the  furtherance  of  the  worke  of  Christ  in  those  ends 
"  of  the  earth  ;  and  if  I  vnderstand  that  a  colledge  is  begun  & 
"  like  to  be  carried  on  at  Newhaven  for  the  good  of  posterity, 
[257]  "  I  shall  give  some  encouragm^  therevnto.  [j  These 
are  the  very  words  of  his  letter,  but, 

3  Before  M"".  Hopkins  could  returne  an  answere  to  my 
next  letf,  it  pleased  God  to  finish  his  dayes  in  this  world, 
therefore  by  his  last  will  &  testament,  (as  the  copie  thereof, 
transcribed  &  attested  by  M^  Tho  Yale,  doth  shew,)  he  comit- 
ted  the  whole  trust  of  disposing  his  estate  in  these  countryes, 
(after  some  psonall  legacies  were  paid  out,)  vnto  the   pub- 

*  The  project  of  establishing  a  College  in  the  colony  was  entertained  very  early ; 
thus  we  find  that  the  town  of  New  Haven,  at  a  meeting  March  23,  1647-8,  directed  a 
committee,  appointed  to  dispose  of  vacant  lots,  "to  consider  and  reserve  what  lot 
they  shall  see  meet  and  most  commodious  for  a  college,  which  they  desire  may  be 
set  np  so  soon  as  their  abiUty  will  reach  thereunto."     N.  H.  Col.  Rec.  i.  376. 

The  subject  was  brought  before  the  General  Court  for  the  Jurisdiction  at  least  as 
early  as  1652,  as  we  learn  fi-om  the  records  of  Guilford,  under  date  of  June  28  of  that 
year,  when  that  town  voted,  that  the  matter  about  a  college  at  New  Haven  is  thought 
to  be  too  great  a  charge  for  us  of  this  jurisdiction  to  undergo  alone,  especially,  con- 
sidering the  unsettled  state  of  New  Haven  town,  being  publicly  declared  from  the 
deliberate  judgment  of  the  most  understanding  men  to  be  a  place  ot  no  comfortable 
subsistance  for  the  present  inhabitants  there;  but  if  Connecticut  do  join,  the  planters 
are  generally  willing  to  bear  their  just  proportions  for  erecting  and  maintaining  a 
college  there.  However  they  desire  thanks  to  Mr.  Goodyeare  for  his  pi'offer  to  the 
setting  forward  of  such  a  work.    See  also  p.  141,  ante. 


1660]  JUEISDICTION   OF  NEW   HAVEN.  871 

lickvses  mentioned,  &  bequeathed  it  to  o"^  late  Hon"^:  Gou- 
erno'',  Theoph:  Esq;,  his  father  in  law,  &  to  the  aforesaid  John 
Davenport,  &  ioyned  with  them  in  the  same  trust  Captaine 
John  Cullick  &  M^.  AViUiam  Goodwin. 

4  It  haveing  pleased  the  Most  High  to  afflict  this  colony 
greatly  by  takeing  from  it  to  himself  o^"  former  euer  hono"i 
gou'no""  M'".  Eaton,  the  surviving  trustees  &  legatees  met  to- 
gether to  consider  what  course  they  should  take  for  y^  discharge 
of  their  trust,  and  agreed  that  each  of  them  should  have  an 
inventory  of  the  aforesaid  testatours  estate  in  New  England,  in 
houses,  &  goods,  &  lands,  (w^'i  were  prized  by  some  in  Hart- 
ford intrusted  by  Captaine  Cullick  &  Mr.  Goodwin,)  &  in 
debts,  for  the  gathering  in  whereof  some  attorneys  were  con- 
stituted, impowered  &  imployed,  by  the  three  surviving  trust- 
ees, as  the  writeing  in  the  magistrates  hands  will  shew. 

5  Afterward  at  another  nieeting  of  the  said  trustees,  they 
considering  that  by  the  will  of  the  dead,  they  are  ioyned 
together  in  one  comon  trust,  agreed  to  act  w^^  mutuall  con- 
sent in  pformance  thereof,  and  considering  y^  by  the  will  of 
the  testatour,  two  of  Newhaven  were  ioyned  with  two  of 
Hartford,  &  y'  M"".  Hopkins  had  declared  his  purpose  to  fur- 
ther the  colledg  intended  at  Newhaven,  they  agreed  that  one 
half  of  that  estate  w^^  should  be  gathered  in,  should  be  paid 
vnto  Mr.  Davenport  for  Newhaven,  the  other  half  to  Captaine 
Cullick  and  M'".  Goodwin,  to  be  improued  for  ye  vses  &  ends 
forenoted,  where  they  should  have  power  to  pforme  their  trust, 
w='i  because  they  could  not  expect  to  have  at  Hartford,  they 
concluded  it  would  be  best  done  by  them  in  that  new  planta- 
tion vnto  w^''  sundry  of  Hartford  were  to  remoue  &  were 
now  gone,  yet  they  agreed  that  out  of  the  whole,  an  lOO'' 
should  be  given  to  the  colledg  at  Cambridg  in  the  Bay,  the 
estate  being  1000'',  as  Captaine  Cullick  beleeued  it  would  bee, 
W'h  we  now  see  cause  to  doubt,  by  reason  of  the  sequestra- 
tions laid  vpon  that  estate  &  still  continued  by  the  generall 
court  at  Hartford,  wherevpon  some  refuse  to  pay  their  debts, 
&  others  forsake  the  purchases  they  had  made,  to  their  great 
hinderance  of  pforming  the  will  of  the  deceased  according 
to  the  trust  comitted  to  them,  &  to  the  endamagem'  of  the 
estate. 

6  The  said  John  Davenport  acquainted  y^  other  two  trus- 
tees with  his  purpose  to  interest  the  Honored  Magistrates  & 
[258]  Elders  of  this  Colony  in  y^  disposall  ||  of  that  part  of 
the  estate  that  was  by  their  agreement  to  be  paid  therevnto, 
for  promoueing  the  colledg-worke  in  a  graduall  way,  for  the 
education  of  youth  in  good  literature,  so  farr  as  he  might 
w'h  pt'serving  in  himself  ye  power  comitted  to  him   for  the 


372  EECORDS   OP   THE  [1660 

discharge  of  his  trust.  They  consented  therevnto.  Aecord- 
ingly  6  ye  ellection  day,  it  being  the  30^^  day  of  the  third 
moneth,  he  delivered  vp  into  the  hands  of  the  HoiT^:  Gou- 
erno''  k  Magistrates  the  writeings  that  concerne  this  busi- 
nesse,  (viz.  the  copie  of  My.  Hopkins  liis  last  will  &  testam^ 
&  ye  inventory  of  his  estate  in  New  England,  &  the  apprizm* 
of  his  goods,  &  the  writeings  signed  by  y  surviveing  trustees 
for  their  attornyes,  &  some  letters  between  the  other  trustees 
&  himself,)  adding  also  his  desire  of  some  pticulers  for  the 
well  pforming  of  the  trust,  as  folio weth, 

1  He  desireth  of  Newhaven  towne,  that  the  rent  of  the 
Oyster-shell-feild,  formerly  seperated  &  reserved  for  y^  vse  & 
benifit  of  a  colledge,  be  paid  fro  this  time  forward  towards 
the  makeing  of  some  stocke  for  disbursment  of  necessary 
charges  towards  y*^  colledg  til  it  be  set  vp,  &  afterwards  to  con- 
tinue for  a  yearly  rent  as  belonging  to  it,  vnder  the  name  & 
title  of  colledg  land. 

2  That  if  no  place  can  be  found  more  convenient,  M^^^ 
Eldreds  lott  be  given  for  the  vse  of  the  colledg,  &.  of  y^  colony 
gramer  schole,  if  it  be  in  this  towne,  else  onely  for  the  colledge. 

3  That  parents  will  keepe  such  of  their  sonns  constantly  to 
learning  in  the  schooles  whom  they  intend  to  traine  vp  for 
publick  serviceablenes,  &  that  all  their  sonnes  may  learn  at 
the  least  to  write  &  cast  vp  accounts  competently,  &  may 
make  some  entrance  into  y"  Lattine  tongue. 

4  That  if  the  colony  settle  40''  p  annum  for  a  coihon 
schoole  &  shall  add  an  lOQi'  to  be  paid  towards  y*"  building  or 
buying  of  a  schoole  house  &  library  in  this  towne,  seeing 
thereby  this  towne  will  be  freed  fro  the  charges  which  tliey 
have  beene  at  hitherto  to  maintaine  a  towne  schoole,  they 
would  consider  what  part  of  their  former  salary  may  be  still 
continued  for  future  supplies  towards  a  stock  for  necessary 
expences  about  the  colledg  or  schoole. 

2  He  humbly  desireth  the  Hon^d  General  Court  of  y'^  Col- 
ony of  Newhaven,  j^rsi,  that  the  40ii  p  annum  formerly  agreed 
vpon  to  be  paid  by  the  seuerall  plantations  for  a  coraon  gram- 
er-schoole,  be  now  settled  in  one  of  the  plantations,  w'=h  they 
shall  judge  fittest,  &  that  a  schoolemaster  may  forthwith  be 
prouided  to  teach  the  three  languages,  Lattine,  Greeke  &  He- 
brew, soe  far  as  shall  be  necessary  to  pq^are  them  for  the 
colledge,  &,  that  if  it  can  be  accomplished,  that  such  a  schoole- 
master be  settled  by  the  end  of  this  summer  or  the  begin- 
ing  of  winter,  the  payments  fro^y*"  seuerall  plantations  may 
begin  fro  this  time. 

Secondli/,  that  if  the  coilion  schoole  be  settled  in  this  towne, 
the  Hon'^'^  Gouerno'',  Magistrates,  Elders  &  Deputies,  would 


1660]  JURISDICTION   OP  NEW   HAVEN.  373 

solemnly  &  together  visit  the  gramer  schoole,  once  euery 
yeare  at  the  court  for  elections,  to  examine  y"  schollers  pffi- 
ciency  in  learning. 

[259]  Thirdly^  y'  for  y''  payments  to  ||  bee  made  by  the  plan- 
tations for  the  schoole,  or  out  of  M^  Hopkins  estate  towards 
the  colledge,  one  be  chosen  by  themselues,  vnder  the  name  & 
title  of  Steward  or  Receiver  for  the  schoole  &  colledg,  to  wh(5 
such  paym's  may  be  made,  w^^  full  power  given  him  by  the 
court  to  demand  what  is  due  &  to  psecute  in  case  of  neglect, 
&  to  give  acquittances  in  case  of  due  paym^s  received,  k  to 
give  his  account  yearely  to  the  court,  &  to  dispose  of  what  he 
receiveth  in  such  pvisions  as  cannot  be  well  kept,  in  the  best 
way  for  y*"  aforesaid  vses,  according  to  advice. 

Fourthly^  that  vnto  that  end  a  comittee  of  church  members 
be  chosen,  to  meet  together  &  consult  &  advise,  in  emergent, 
difficult  cases,  that  may  concerne  y°  schoole  or  colledge  & 
which  cannot  be  well  delayed  til  y"  meeting  of  the  general 
court,  the  gouerno''  being  alwayes  the  cheife  of  that  committee. 

Fiftly^  the  sd  John  Davenport  desireth  y^  while  it  may 
please  God  to  continue  his  life  &  abode  in  this  place,  (to  the 
end  that  he  may  ye  l)etter  pforme  his  trust,)  in  reference  to  ■ 
the  colledge,  that  he  be  alwayes  consulted  in  difficult  cases,  & 
have  the  power  of  a  negative  vote,  to  hinder  any  thing  fro 
being  acted  w^^^  he  shall  proue  by  good  reason  to  be  p^judiciall 
to  the  true  intendment  of  the  testatour,  &  to  the  true  end  of 
this  worke. 

Sixtly,  that  certaine  orders  be  speedily  made  for  the  schoole, 
and  when  the  colledge  shall  proceed,  for  it  also,  that  y^  edu- 
catio  of  youth  may  be  carried  on  sutably  to  Christs  ends,  by 
ye  counsail  of  the  teaching  elders  in  this  colony ;  and  that 
what  they  shall  conclude  with  consent,  being  approued  by  ye 
honied  magistrates,  be  ratified  by  the  General  Court. 

Seaventhly,  because  it  is  requisite  that  the  writeings  w^^ 
concerne  M"".  Hopkins  his  estate  be  safely  kept,  in  order  there- 
vnto  the  said  John  Davenport  desireth  that  a  covenient  chest 
be  made,  with  2  locks  &  2  keies,  &  be  placed  in  ye  house  of 
ye  gouerno''  or  of  the  steward,  in  some  safe  roome,  til  a  more 
publick  place  (as  a  library  or  the  like)  may  be  pi'pared,  <fe  that 
one  keye  be  in  the  hand  of  the  gouerno'',  the  other  in  y*= 
stewards  hand  ;  that  in  this  chest  all  the  writeings  now  de- 
livered by  him  to  the  magistrates  may  be  kept,  &  all  other 
bills,  bonds,  accquitances,  orders,  or  whatsoeuer  writeings  that 
may  concerne  this  busines  be  put  &  kept  there,  and  that  some 
place  may  be  agreed  on  where  the  steward  or  receiver  may 
lay  vp  such  prouisions  as  may  be  paid  in,  til  they  may  bee 
disposed  of  for  the  good  of  the  schoole  or  colledge. 


374  RECORDS  OF  THE  [1660 

Eightly,  because  o^  sight  is  narrow  &.  weake  in  viewing 
and  discerning  the  compasse  of  things  that  are  before  vs, 
much  more  in  foreseeing  future  contingencies,  he  further 
craveth  liberty  for  himself  &  other  elders  of  this  colony,  to 
ppound  to  the  Honf^  Governo'"  &,  Magistrates,  what  hereafter 
may  be  found  to  be  conducible  to  the  well  carrying  on  of  this 
trust  according  to  the  ends  proposed,  &  y'  such  proposals  may 
[260]  II  be  added  vnto  these,  vnder  the  name  &  title  of  VSE- 
FUL  ADDITIONALLS,  and  confirmed  by  the  General  Court. 

Lastly,  he  hopeth  he  shall  not  need  to  add  what  he  ex- 
pressed by  word  of  mouth,  that  the  Hon''<i  General  Court 
will  not  suffer  this  gift  to  be  lost  fro  the  colony,  but  as  it 
becometh  Fathers  of  the  Commonwealth,  will  vse  all  good 
endeavors  to  get  it  into  their  hands  &  to  assert  their  right  in 
it  for  the  como  good,  that  posterity  may  reape  the  good  fruit 
of  their  labours  &,  wisdom  &  faithfuUnes,  &  y*  Jesus  Christ 
may  have  the  service  and  hono''  of  such  prouision  made  for 
his  people,  in  who  I  rest. 
To  these  motions  I  desire  that  the  John  Davenport. 

answere  of  the  court,  together  w^^^ 

this  writeing,  may  be  kept  among  the 

records  for  y^  schoole  &,  colledge. 

The  Court  being  deeply  sensible  of  the  small  pgresse  or 
pfiEiciency  in  learning  that  hath  yet  beene  accomplished,  in 
the  way  of  more  pticuler  towne  schooles,  of  later  yeares  in 
this  colony,  and  of  the  great  difficulty  &  charge  to  make 
pay  &c,  for  the  maintaining  children  at  y^  schooles  or  col- 
ledg  in  the  Bay,  and  y*  notwithstanding  what  this  court  did 
order  last  yeare  or  formerly,  nothing  hath  yet  beene  done  to 
attaine  the  ends  desired,  vpon  which  considerations  &  other 
like,  this  court  for  further  encouragem*  of  this  worke  doth 
now  order,  that  ouer  &,  aboue  y*'  40^^  p  annum,  granted  y^ 
last  yeare  for  the  end  then  declared,  yt  100''  stocke  shall  bee 
duely  paid  in  from  the  jurisdiction  treasury,  according  to  the 
manner  &  times  agreed  &  expressed  in  the  court  records, 
giveing  &,  granting  that  speciall  respect  to  o""  brethren  at 
Newhaven,  to  be  first  in  imbraceing  or  refuseing  the  courts 
encouragem^^  or  prouision  for  a  schoole,  whether  to  be  settled 
at  Newhaven  towne  or  not ;  but/if  they  shall  refuse,  Milford 
is  to  have  y^  next  choyce,  then  Guilford,  &  so  in  order  euery 
other  towne  one  the  maine  within  the  jurisdiction  have  their 
liberty  to  accept  or.  refuse  the  courts  tender,  yet  it  is  most 


1660]  JURISDICTION  OF  NEW   HAVEN.  375 

desired  of  all  that  Newhaven  would  accept  the  businesse,  as  be- 
ing a  place  most  pbale  to  advantage  the  well  carrying  on  of  the 
schoole,  for  ye  ends  sought  after  &  endeavoured  after  thereby ; 
but  the  colledg  (after  spoken  of)  is  affixed  to  Newhaven, 
(if  the  Lord  shall  succeed  that  vndertakeing.)  It  is  further 
agreed  that  all  &  euery  plantation  who  have  any  minde  to 
accept  the  propositions  about  the  schoole,  shall  p'pare  &  send 
in  their  answere  vnto  the  comittee  chosen  (of  all  y^  magis- 
trates &  settled  elders  of  this  jurisdiction,  to  order,  regulate 
&  dispose,  all  matters  concerning  the  schoole,  as  the  pro- 
uideinginstrum*^  &  well  carrying  o  of  y^  businesse,  fro  time 
to  time  as  they  shall  judg  best,)  before  the  24'^  of  June 
[261]  instant,  that  so  if  any  plantation  doe  accept,  ||  the 
comittee  may  put  forth  their  endeavours  to  settle  y^  businesse ; 
but  if  all  refuse,  then  it  must  be  suspended  vntil  another 
meeting  of  this  general  court. 

And  for  further  encouragement  of  learning,  &  the  good  of 
posterity  in  that  way,  M"".  John  Davenport,  pastor  of  y^ 
church  of  Christ  at  Newhaven,  p^sented  a  writeing,  (as  be- 
fore appeares,)  whereby  &  wherewith  he  deliu'ed  vp  all  his 
power  &  interest,  as  a  trustee  by  M"".  Hopkins,  for  recouering 
&  bestoweing  of  all  that  legacy  given  by  him,  for  the  end  of 
furtherance  to  the  settlem*^  of  a  colledg  at  Newhaven  ;  he 
also  propounded  therewith,  what  he  app^hends  hath  beene 
granted  &  sett  apart  by  the  towne  of  Newhaven  for  the  same 
end,  w^h  a  request  that  matters  thereabout  might  be  ordered 
&  carryed  on  according  to  such  ppositions  as  are  therein  sett 
downe.  All  w^h  the  generall  court  tooke  thankfully,  both 
fro  the  doners  &  M^.  Davenport,  and  accepted  the  trust,  and 
shall  endeavour  by  Gods  help  to  get  in  the  said  estate  &  im- 
proue  it  to  the  end  it  was  given  for. 

By  way  of  further  answere  to  what  was  propounded  by  Mr. 
Davenport  in  his  writeing  p'sented,  the  court  declared  that  it 
was  their  desire  that  the  colony  schoole  may  begin  at  the  time 
propounded,  &  to  that  end  desire  that  endeavours  may  be  put 
forth  by  y^  comittee  of  magistrates  &  settled  elders  formerly 
appointed  for  the  pvideing  a  schoolemaster,  &c.,  to  who  also 
they  leave  it  to  appoint  a  steward  or  receiver,  w^^  steward  or 


376  RECOKDS  OF  THE  [1660 

receiver  they  impower  as  is  propounded,  and  to  settle  a  comit- 
tee  fro  among  themselues  to  issue  imergent  cases,  &  to  take 
order  that  a  chest  be  prouided  wherein  j^  writeings  may  be 
laid  vp  that  concerne  this  businesse.  The  court  further 
declared  that  they  doe  invest  M"".  Davenport  with  y^'  power  of 
a  negative  vote,  for  the  reason  &  in  y^  cases  according  to  the 
tearmes  in  his  writeing  specified,  and  that  they  shall  be  ready 
to  confirme  such  orders  as  shalbe  presented  w^'^  in  the  judg- 
ment of  the  court  shall  be  conducible  to  the  maine  end 
intended. 

It  is  ordered  for  encouragment  of  such  as  shall  dilligently 
&  constantly,  (to  the  satisfaction  of  the  civell  authority  in  each 
plantation,)  apply  themselues  to  due  vse  of  means  for  the 
attainem*  of  learning,  w^h  may  fitt  them  for  publick  service, 
that  they  shall  bee  freed  fro  paym^  of  rates  with  respect  to 
their  psons ;  pvided,  p  if  any  such  shall  leave  off  or  not  con- 
stantly attend  those  studies,  they  shall  then  be  liable  to  pay 
rates  in  all  respects  as  other  men  are. 

It  is  ordered  that  if  the  colonic  schoole  shall  begin  any  tim« 
within  the  first  half  yeare  fro  this  court  of  ellectio,  y*  40''  shall 
be  paid  by  the  treasurer  for  this  yeare,  &  if  it  shall  begin  at 
any  time  before  the  election  next,  that  20^1  shall  be  paid  by 
y®  treasurer  vpo  that  account. 

[262]  II  To  the  printed  law,  concerning  the  education  of  chil- 
dren, it  is  now  added,  that  the  sonnes  of  all  the  inhabitants 
within  this  jurisdiction,  shall  (vnder  ye  same  penalty)  be 
learned  to  write  a  ledgible  hand,  so  soone  as  they  are  capable 
of  it. 

The  constables  of  Stamford  were  desired  to  vse  their 
endeavours  to  arrest  the  pson  of  Rich:  Crabb  of  Greenwich,  & 
to  take  security  to  the  valine  of  ^'',  for  his  appearance  before 
the  court  to  be  held  at  Stamford,  to  give  answere  for  such 
delinquencies  as  shall  be  charged  vpon  him. 

It  is  ordered  that  a  rate  of  200''  shall  be  leuied  vpon  the 
seuerall  plantations  &  y"  proprietors  at  Paugaset,  according 
their  pportions,  the  one  half  to  be  paid  by  the  middle  of  Octo- 
ber next,  the  other  half  by  the  middle  of  March  following ;  in 


1660]  JURISDICTION   OF   NEW   HAVEN.  377 

such  pay  &  at  such  prises  as  was  ordered  27  May,  57,  w^h  is 
thus  proportioned. 


Newhaven,  71  12  02 

Milford,  43  01  02 

Guilford,  26  01  08 

Stamford,  26  03  02 

Southold,  17  01  06 

Brandford,  14  11  08 

Paugasett,  01  08  08 

200  00  00 


At  a  meeting  of  the  Comitteb  for  the  Schoole,  28th  June, 
1660. 

There  was  pi'sent,  the  Gouerno'",  y^  Deputy  Gouerno'',  M^. 
Treat,  M"-.  Davenport,  M^.  Street. 

It  was  agreed  that  M^  Pecke,  now  at  Guilford,  should  be 
schoolemaster,  &  that  it  should  begin  in  October  next,  when 
his  half  yeare  expires  there ;  he  is  to  keepe  y^  schoole,  to  teach 
the  schollers  Lattine,  Greek  and  Hebrew,  &  fitt  them  for  the 
colledge ;  &  for  the  salary,  he  knowes  the  alowance  fro  the 
colony  is  40''  a  yeare ;  and  for  further  treaties  they  must  leave 
it  to  Newhaven,  where  the  schoole  is ;  and  for  farther  orders 
concerning  the  schoole  &  well  carrying  it  on,  the  elders  will 
consider  of  some  against  the  court  of  magistrates  in  October 
next,  when  things  as  there  is  cause  may  be  further  considered. 

Mr.  Crane  &  M"".  Peirson  came  after  the  businesse  was  con- 
cluded, &  what  is  aboue  written  was  read  to  them  &  they  fully 
approued  of  it,  &  after  that,  being  read  to  M"".  Gilbert,  he 
approued  of  it  also. 


[263]     At  a   Court  of  Magistrates,  held  at  Newhaven 
OcTOB'-  17,  1660. 
There  was  p^sent  y^  Deputy  Gou'nos  M^.  Gilbert,   M--. 
Crane,  M''.  Treate. 
The  businesses  referred  to  this  court  in  May  last,  concern 
48 


378  RECORDS   OF   THE  [1660 

inge  Sam:  Plumb,  Francis  Browne  &  Edward  House,  being- 
called  vpon,  the  deputy  gouernor  declared,  that  the  gouernour 
(who  was  now  sick)  hath  received  a  letter  fro  M^  Rawson  of 
Boston,  concerning  this  businesse,  who  therein  fro  a  letter  fro 
England,  complaines  of  much  wronge  done  to  Edw:  House  not 
being  taught  the  trade  of  a  brickmaker,  to  W^  John  Strange 
of  Boston,  his  first  master,  stood  engaged  to  doe,  and  by  being 
held  in  service  8  monethes  byond  the  time  sett  by  his  inden- 
ture, a  coppy  whereof  sent  by  M^  Rawson,  (but  not  attested,) 
was  p'"sented  &  read.  Concerning  the  eight  monethes  service, 
(w^h  was  mentioned  by  M"".  Rawson,)  but  found  to  be  but  fro 
Aprill  to  October,  &  so  but  6  moneths,  Sam:  Plumb  appealed 
to  the  records  in  October  (59,)  &  thence  he  pleaded  that  in 
liew  of  that  6  moneths  service,  hee  was  enioyned  to  transport 
him  to  Boston,  w^^^^  he  would  have  done  but  Edward  House 
was  not  willing  to  goe ;  he  further  pleaded  that  his  service  was 
worth  but  little,  for  vpon  his  desire  he  being  lett  bloud,  his 
sore  festered,  w^'i  disabled  him  for  service  a  moneth  or  six 
weeks,  besides  a  fortnights  sicknesse  in  harvest.  They  were 
asked  what  endeavours  they  had  vsed  to  learne  him  the  trade, 
but  they  could  not  make  ought  appeare  that  they  had  done 
that  way,  who  both  affirmed  that  they  knew  not  that  he  was 
to  learne  the  trade.  Sam.  Plumb  said  that  he  was  not  fitt  for 
the  trade  when  he  came  to  him,  for  he  could  not  bend  his  knee 
by  reason  of  the  scurvy,  w*^^'  (as  he  vnderstands)  he  tooke  a 
shipp  board  by  eateing  brewis,  his  m""  being  cooke.  Francis 
Browne  said  that  he  was  so  diseased  while  he  was  with  him 
that  hee^  cost  him  neare  51". 

This  part  of  the  businesse,  as  it  referred  to  Edward  House, 
haveing  beene  heard,  ye  action  of  Samuel  Plumb  against 
Francis  Browne  came  to  be  considered,  &  he  declared  that  the 
said  Francis  Browne  had  sould  to  him  y®  remander  of  service 
fro  Edward  House  by  indenture  to  one  Jeffs,  w^  was  9  yeares 
fro  the  first  of  May,  1653 ;  w^  indenture  the  court  judged 
invalid  in  October  last,  &  therevpon  Edw.  House  was  sett  free 
fro  his  service,  for  w^h  reman^ier  of  time  he  demanded  of 
Francis  Browne  20i'. 

Francis  Browne  acknowledged  the  aforesaid  agreem*^  with 


1660]  JURISDICTION   OP  NEW   HAVEN.  379 

Samuell  Plumb,  w'^^  he  sd  he  then  judged  he  might  doe  by 
virtue  of  the  indenture  to  Jeffs,  w«^h  it  seems  the  court 
approued  not  but  layd  aside  as  invalid;  he  submitted  the 
case  betwixt  Sam.  Plumb  &  himself,  to  the  judgm*  of  the 
court,  but  withall  declared  that  he  had  received  much  wrong 
fro  him  of  who  he  bought  Edward  House  off,  fro  who  he  must 
seeke  his  right  as  he  may ;  he  desired  the  court  to  consider 
whether  the  demands  of  Sam.  Plumb  be  not  far  aboue  what 
there  is^  ground  for. 

[264]  II  After  the  plaint'  &  defendant  had  exprest  what  they 
had  to  say  in  the  case,  the  court  declared,  that  they  looke 
vpon  Francis  Browne  as  haveing  acted  imprudently  in  this 
matter,  (but  fraudulently  they  see  not,)  they  also  looke  vpon 
.  the  boy  Edward  House  as  vnder  infirmity  of  body,  and  doe 
therefore  order,  that  Francis  Browne  doe  pay  (for  the  time  of 
service  from  Edward  House,  sould  to  him,  beyond  what  doth 
appeare  to  be  his  right  to  sell,)  lO^'  in  current  pay,  w'^in  one 
yeare,  w'h  the  charges  of  the  court  10^ 

For  the  discharging  of  the  said  10'',  10%  Francis  Browne 
now  engaged  to  Samuel  Plum  S'"  in  wheat  &  pease,  due  from 
Samuel  Steele  at  spring  next,  to  be  paid  at  Hartford,  &  to  pay 
50^^  in  wampom  within  three  moneths,  for  y«  performance 
whereof  the  security  taken  already  at  Stamford  to  remaine 
vntill  this  be  done. 

Francis  Browne  did  also  engage  to  the  court  to  referr  the 
question  concerning  the  trade  of  brickmaker  to  indifferrent 
men  to  judg  of  when  the  court  shall  require  him  so  to  doe, 
vnless  Mr.  Rawson  shall  see  cause  to  let  that  claime  fall,  fro 
what  shal  be  suggested  to  him  concerning  the  case. 

M"".  Wakeman  &  M^.  Auger  in  behalf  of  the  creditors  to  the 
estate  of  M"".  Stephen  Goodyeare  deceased,  appeared  to  prose- 
cute an  attachm*  vpon  the  estate  of  M''.  James  Mills,  to  the 
valine  of  10''.  M^.  Mills  being  thrice  called,  anwered  not, 
wherevpon  the  court  ordered  the  attachm*  to  remaine  vntill 
further  order,  &  that  iust  damages  &  charges  shall  be  allowed 
by  the  defendt  when  y®  case  is  tryed. 
Joseph  Meade,  attorney  for  Abraham  Frost,  appeared  to 


380  BECORDS  OF  THE  [1660 

prosecute  in  an  action  of  slaunder  against  Rich.  Crabb,  who 
being  called,  answered  not. 

Ensigne  Bryan  had  liberty  fro  the  court  to  remoue  the  300 
bush:  of  salt  depositted  by  Captaine  John  Penny,  to  some  other 
warehouse  where  it  may  be  safely  kept  &  p''served,  y^  wasting 
of  the  salt  &  warehouse  roome  remains  to  be  considered. 

Captaine  Nathaniel  Siluester  being  bound  oner  to  this  court, 
&  certaine  goods  of  his  attached  for  his  appearance,  being 
called,  answered  not,  w^h  attachm^  is  to  remaine  and  he 
enioyned  to  make  his  appearance  at  the  court  of  magistrates 
the  second  day  of  the  weeke  next  before  y^  election  in  May 
next,  to  answere  such  complaints  as  are  specified  in  the  order 
of  ye  gen:  court  concerning  him  in  May  last,  w^h  what  els  shall 
be  charged  against  him. 
[265]   II  John  Archers  of  Stamford,  plainteife  in  an  action  of 

the  case  concerning  a  horse,  against  Francis   Browne  of 

Stamford,  defendt,  declared, 

That  he  had  a  horse,  about  the  moneth  of  February,  1659, 
^ch  Francis  Browne  had  a  minde  to,  after  some  treaties  betixt 
them,  they  came  to  an  agreem*^  that  Francis  Brown  should 
have  his  horse,  (w<^^  he  deliu'ed  to  him,)  for  which  horse  he 
was  to  have  his  choyce  of  Francis  Browns  horses  or  13ii  in 
pease  &  wheate,  but  he  feareing  that  corne  would  fall  short,  he 
released  the  corne  &  desired  of  the  defendt  a  horse,  according 
to  agreem*,  but  instead  of  a  choyce  out  of  all  his  horses,  the 
defendt  pfsented  a  horse,  of  2  yeares  old,  w^^  if  he  liked  not 
he  must  stay  till  his  other  horses  came  vp,  W^  he  was  not 
willing  to  doe,  &  did  therefore  comence  this  sute  against  the 
defendant;  for  cleareing  of  the  case,  the  plaint  pi'sented  in 
writeing  these  following  testimonies, 

The  testimony  of  goodman  Newman,  aged  about  50  yeares, 
he  saith,  that  he  being  at  Robt.  Poyners,  heard  John  Archer 
&  Francis  Browne  make  a  bargaine  together;  goodman 
Browne  said  to  John  Archer,  if  you  will  let  mee  have  your  bay 
horse  you  bought  of  goodman  Stokey,  I  will  let  you  have  the 
choyce  of  my  horses,  or  IS^i  in  pease  &  wheate;  afterward  I 
heard  that  the  bargaine  was  broke,  I  meeting  them  afterwards 
seuerally,  I  told  them  that  I  heard  that  they  had  broke  the 
bargaine,  they  told  mee  they  had  onely  broken  the  bargaine 


1660]  JUEISDICTION  OP  NEW   HAVEN.  381 

of  wheat  &  pease,  &  that  y^  choyce  al^oiit  the  horses  stood ; 
this  bargaine  was  made  in  y^  winter  1659. 

Stamford,  October  13,  1660,  given  in  vpon  oath  before  me, 

Richard  Law. 

The  testimony  of  Cornelius  Jones  vpon  oath,  he  saith  that 
John  Archer  was  to  have  the  choyce  of  all  Francis  Browns 
horses  for  a  horse  of  John  Archers  w^i^  he  had  of  Goodman 
Stokey,  &  in  case  the  horses  did  not  content  John  Archer,  then 
Francis  Browne  was  to  pay  John  Archer  IS^'  in  pease  & 
wheat,  to  be  paid  in  the  spring  come  twelue  moneth,  w^^  will 
be  in  the  yeare  1660.  Eichard  Law. 

This  I  can  say,  that  I  heard  Francis  Browne  say,  yt  Jo: 
Archurd  was  to  have  the  choyce  of  all  his  horses,  for  a  horse 
yt  Francis  Browne  had  of  John  Archer,  this  was  their  agreem^ 
about  yp-  11th  of  February,  1659. 

Given  in  vpon  oath  before  mee,  Peter  Disbrow. 

Rich.  Law,  Octob  ISth,  1660. 

The  testimony  of  Richard  Ambler,  vpon  oath  he  saith  that 
Francis  Browne  did  say  that  John  Archer  was  to  have  the 
choyce  of  all  his  horses,  &  y*  was  the  bargaine,  &  this  Francis 
Browne  owned  in  my  pi'sence.  Rich:  Law. 

I,  Stephen  Clawson,  can  testify  if  occaision,  that  I  was  in 
pj'sence  when  John  Archerd  &  Francis  Browne  discoursed 
about  the  horse,  &  Francis  Browne  told  John  Archer  that 
[266]  II  hee  should  have  the  choyce  of  all  their  horses,  that 
was  his  bargaine,  wherevnto  I  set  my  hand, 

Stephen  Clawson. 

The  defendant  granted  that  he  had  a  horse  of  y^  plaint', 
(w^h  his  fancy  led  him  to,)  W^^  horse  fell  sick  and  he  thought 
would  have  died,  w^h  he  rideing  to  Norwalk  tired  that  he  was 
forced  to  dragg  five  miles,  w^h  he  kept  all  winter  vpon  charge, 
w^h  lie  in  May  following  proffered  to  the  plaint'  againe  but  he 
refused  to  accept  him,  vpon  w^h  \^q  endeavoured  to  gett  vp  his 
horses,  that  John  Archer  might  have  his  choyce,  but  the 
tearmes  of  agreem*  was,  that  he  was  to  have  his  choyce  of  a 
horse  when  they  came  vp,  for  the  proofe  of  w^t  agreem%  ye 
defendt  p''sented  the  testimony  of  Joseph  Meade,  Martha 
Brown  &  Tho.  Browne,  as  followeth, 

Joseph  Meade,  aged  about  30  yeares,  vpon  oath  hee  saith, 
that  John  Archer  told  him  that  he  had  put  his  horse  away  to 
Francis  Browne  &  he  was  to  have  one  of  the  best  of  his  horses 
when  they  came  vp.  Stamford,  October  15,  1660. 

Richard  Law. 


382  RECORDS   OP  THE  [1660 

I,  Martha  Browne,/loe  hereby  testify  the  bargaine  w<=*i  my 
husband  made  with  John  Archer  about  a  horse  was  this,  my 
husband  was  to  have  a  horse  of  John  Archer  &  John  Archer 
was  to  have  the  choyce  of  my  husbands  horses  when  they  came 
vp.  This  was  given  in  before  mee, 

Richard  Law. 

Tho:  Browne,  aged  about  22,  vpon  oath  he  saith,  yt  John 
Archer  told  him  that  he  had  changed  away  his  horse  to  Fran- 
cis Browne,  &  was  to  have  ye  choyce  of  his  horses  when  they 
came  vp.  Stamford,  October  16,  1660. 

Rich:  Law. 

The  defendt  professed  that  he  had  vsed  all  possible  meanes 
for  the  findeing  of  his  horses,  by  himself  &  others,  pticulerly 
Jonathan  Lockwood  &  Joseph  Mead,  ye  latter  now  affirmed 
that  he  hath  (at  the  desire  of  Francis  Browne)  spent  mony  to 
get  vp  horses  to  sute  John  Archer,  but  could  not  finde  them ;  ' 
the  defendt  further  said  that  he  tendered  the  plaint'  a  ambling 
horse  w^^  he  road  vpon,  w<=^  was  not  accepted,  &  had  also  ten- 
dered a  black  horse  &  40^  in  corne,  &  to  take  the  horse  againe 
if  Archer  had  not  disposed  of  him  before  he  found  his  other,  & 
then  he  should  have  his  choyce,  for  the  proof  whereof  y^  testi- 
mony of  Rich.  Law  was  p^'sented  &  read  as  foUoweth, 

Theise  may  certify  the  worr^i  court,  that  in  my  pt'sence 
Francis  Browne  did  proffer  John  Archer  in  leiw  of  his  horse 
he  had  of  John  Archer,  a  black  horse  he  had  in  hand,  w^^''  by 
[267]  estimation  full  as  good  as  that  horse  y'  Fran.  Brown  ||  had 
of  John  Archer,  &  40  shillings  to  be  paid  in  corne,  also  Francis 
Browne  proffered  Jo  Archer  if  he  could  not  make  his  markett 
of  that  black  horse  before  hee  could  get  vp  other  horses,  John 
Archer  should  have  his  choyce  of  other  horses  &  he  would 
take  ye  black  horse  againe,  if  Archer  would  deliver  him  in 
good  state  as  he  was  then  in. 

The  plainteife  granted  that  a  horse  was  tendered,  but  such 
(he  said)  as  was  not  worth  T^i  for  his  market,  but  Joseph  Mead 
now  in  court  said  that  the  horse  was  a  substanciall,  well 
growne  horse. 

The  plaint  further  said  that  the  defendt  not  pi'senting  him 
with  a  horse  to  his  content,  the  c^me  to  treat  about  corne,  & 
he  proffered  to  accept  of  12i'  wheat  &  pease  in  March  next,  but 
the  defendt  not  consenting  therevnto,  but  to  pay  4''  of  the  12 


1660]  JURISDICTION   OF  NEW   HAVEN.  383 

in  Indian  corne,  that  treaty  about  corne  fell,  so  that  now  he 
expects  a  horse,  according  to  agreem^ 

The  defendt  pleaded  that  he  had  vsed  all  meanes  for  a  quiet 
&  peaceable  end,  &  had  made  all  manner  of  tender  &  to  referr 
the  case  to  the  judgm*  of  indijBferent  men,  for  proof  of  the  last 
cause,  the  testimony  of  Robert  Poynere  &  Cornelius  Jones  was 
pt'sented,  &  is  as  foUoweth, 

Robert  Poynere  saith,  that  Francis  Browne  did  offer  John 
Archer  to  put  the  case  of  difference,  about  a  horse  chang,  to 
any  indifferent  men  to  judge  what  was  right  betweene  them, 
&  he  would  stand  to  their  judgm^,  but  John  Archer  refused. 

Robert  Poynere. 
Cornelius  Jones  witnesseth  the  same. 

This  was  in  my  p'"sence.  Rich:  Law. 

The  Court  told  the  plaint'  that  if  the  defendant  could  not 
get  vp  all  his  horses,  why  should  not  a  composition  be  attend- 
ed, such  as  he  hath  tendered,  viz,  the  black  horse  &  40^  in 
corne,  W^h  horse,  by  one  witnesse,  is  sd  to  be  a  substanciall 
well  growne  horse,  &  by  another,  that  by  estimation  he  was 
full  as  good  as  that  w<=fa  Francis  Browne  had  of  him. 

The  Deputy  Gouernor  in  the  name  of  the  court  further 
declared  (though  they  saw  not  cause  to  condemne  Francis 
Browne  for  charges  or  damages  in  the  action,  for  that  the  time 
for  paymt  seemes  not  to  be  expired,)  yet  in  refference  that 
due  paymt  may  be  made,  did  order,  that  the  said  Francis  doe 
vse  all  reasonable  &  honest  endeavours  to  get  vp  so  many  of  his 
horses  as  may  be  had  within  foure  moneths  space,  and  p^sent 
them  to  John  Archer,  that  he  may  chuse  out  one  to  his  best 
content,  but  if  they  being  gradually  got  vp  &  p^sented,  &  the 
said  Archer  do  refuse  to  accept  any  at  the  time  when  p^sented, 
w^h  afterwards  he  shall  returne  to  accept,  that  horse  being 
[268]  turned  out,  he  shall  be  gotten  vp  at  ||  Archers  charge, 
only  he  is  to  be  prised  by  indifferent  men,  &  Browne  is  to 
make  him  worth  IS^i  in  wheat  &  pease  at  price  currant,  &  to 
be  sure  to  have  one  horse  alwayes  in  hand  vntill  the  time  of 
4  moneths  be  fully  expired. 

By  reason  of  the  afflicting  hand  of  God  o  Newhaven  by 
much  sicknes,  the  court  could  not  pich  vpon  a  day  for  pub- 
licke  thankgiveing  through  the  colony  for  the  mercyes  of  the 


384  RECORDS  OF  THE  [1660 

yeare  past,  &  did  therefore  leave  it  to  the  elders  to  the  church 
at  Newhaven,  as  God  may  be  pleased  to  remoue  his  hand  fro 
the  goiiernof*  &  others,  to  give  notice  to  the  rest  of  the  plan- 
tation what  day  they  judg  fitt  for  that  duty,  that  we  may  give 
thanks  &  reioyce  before  the  Lord  together. 


At  a  Court  of  Magistrates  held  at  Newhaven  Decem  : 

11th,  (60.) 

Present,  the  Deputy  Gou'no"",  M^  Gilbert,  Mr.  Crane,  M^.  Treat. 
There  being  somtime  in  the  moneth  of  ^  last,  a  house 
burnt  downe  to  the  ground  at  Milford,  Jacobus  Loper,  aged 
about  twelve  yeares,  servant  to  Hauns  Albers,  suspected  of 
that  fact,  being  examined  by  ye  magistrate  denyed  p  he  was 
guilty  of  it ;  a  few  dayes  after,  the  house  wherein  his  m""  dwelt 
being  on  fire,  Jacobus  being  (by  Tho:  Wheeler  y®  owner  of 
the  said  house)  questioned  for  fireing  yt  house,  confessed  that 
he  did  it  &  declared  the  manner  how,  vpon  w<=h  confession  he 
was  againe  questioned  concerning  ye  former  house,  who  at 
first  againe  denyed  it,  but  afterwards  confessed,  &  said  that 
some  seamen  came  to  the  doore  when  his  master  was  in  bedd, 
&  promised  to  give  him  (if  he  would  fire  the  house)  a  pistoU, 
powther  &  ribbins ;  another  time  he  said  yt  he  carryed  out  a 
cole  to  the  railes  &  the  seamen  tooke  it  &  ioyned  with  him  in 
fireing  the  house  ;  but  at  the  last  he  wholly  freed  the  seamen 
&  confessed  that  he  himself  did  it,  describeing  the  manner 
how,  viz,  by  fireing  a  clabbord  o  the  outside,  and  giveing  the 
reasons  why,  viz,  1,  because  he  thought  it  might  fire  his  mas- 
ters house  alsoe,  &  thereby  he  should  be  freed  fro  service  & 
goe  home  to  his  mother,  2iy,  because  Jo  Baldwin  who  lined 
in  that  house  had  made  complaint  to  his  m'"  y*  hee  had  stollen 
his  plumbs,  for  w<=h  ^e  was  beaten  ;  after  w^h  he  was  sent  to 
the  prison  at  Newhaven,  who  being  called  before  ye  court  was 
told,  that  he  was  accused  of  a  notorious  crime  by  him  comitted 
at  Milford,  that  being  a  servant  (to  a  Duchman  there)  he 
tooke  his  time  to  sett  fire  on  a  house,  to  the  consumeing  of 
ye  house  &  y*  w^h  \7as  in  it ;  he  was  asked  if  it  was  so,  to 

^Governor  Newman  died  on  the  eighteenth  of  November,  1660. 


1660]  JURISDICTION   OF  NEW  HAVEN.  385 

which  hee  answered  no ;  he  was  told  that  he  had  confessed  it, 
only  he  varyes  in  the  manner ;  he  was  asked  if  he  had  not 
confessed  that  hee  did  it  by  the  instigation  of  some  seamen, 
to  w<=h  he  now  said  yea ;  he  was  hid  to  declare  what  moued 
him  to  it,  &  how  it  began  first  to  worke  in  his  thoughts,  to 
W^ii  he  answered,  that  as  he  was  goeing  by  in  the  day,  he 
heard  that  John  Baldwin  would  not  be  there  at  night,  &  in 
[269]  ye  night  as  he  was  passing  by,  heareing  ||  a  noyse  in 
the  house,  he  went  in,  where  findeing  some  seamen,  he  asked 
them  what  they  did  there,  they  said  if  he  would  sweare  not 
to  tell,  (w<=h  he  did,)  he  should  knowe,  then  they  said  if  he 
would  sett  fire  o  one  end  of  the  house,  they  would  sett  fire  o 
the  other,  &  he  did  so.  He  was  asked  what  was  the  reason 
that  he  did  this  wicked  fact,  he  answered,  because  John  Bald- 
win had  complained  to  his  master  that  he  had  .stollen  his 
plumbs,  for  w'^^'  he  was  beaten  ;  he  was  asked  whither  he  was 
going  so  late,  to  w^h  he  answered  his  master  being  in  bedd 
with  a  stranger,  hee  being  to  lye  by  the  fire,  he  went  towards 
M^  Fenns  to  play ;  he  was  asked  where  he  had  the  fire,  hee 
answered  on  a  corner  of  the  hearth  of  the  house  y*  was 
burnt ;  hee  was  asked  whether  any  were  appointed  to  play 
with  him,  to  w^^  he  said  no,  nor  did  he  know  that  any  body 
was  in  the  house  vntill  hee  heard  the  noise  as  he  was  goeing 
by.  It  was  demanded  how  many  seamen  there  were,  he  said 
he  thought  there  were  six,  but  he  knew  non  of  them.  M"". 
Treat  required  his  reason,  wliy  he  layes  it  vpon  the  seamen 
now,  haveing  formerly  said  that  he  did  it  himself,  &  where- 
fore he  did  not  accuse  them  at  the  first,  to  W^'^  he  said  that 
he  was  affraid  the  seamen  would  kill  him.  It  was  demanded 
of  him,  why  he  is  found  in  these  seuerall  storyes ;  he  was  asked 
w'^^  was,  the  trueth,  to  w^h  he  said  the  trueth  was  yt  w^h  he  had 
now  related  ;  he  was  told  that  he  had  said  that  ye  seamen  gave 
him  ribbins  &c,  that  he  should  not  discover  it ;  he  was  asked 
what  became  of  the  ribbins  ;  to  w^h  he  answered  that  he 
gave  them  away,  but  M"".  Treat  told  him  that  hee  had  said  that 
those  ribbins  were  given  him  by  his  mother,  &  John  Baldwin 
testified  that  he  had  them  long  before,  but  he  still  said  that 
the  seamen  gave  them  to  him ;  M"".  Treate  told  him  that  he 
49 


386  RECORDS  OF  THE  [1660 

had  said  that  there  were  but  foure  seamen,  &  that  they  came 
to  the  dore  when  his  m"^  was  in  bedd,  to  w^^  he  now  said  that 
what  he  had  said  therein  was  vntrue. 

Jacobus  was  told  that  fro  the  first  to  the  last  he  hath  con- 
fessed that  he  did  it  or  had  a  hand  in  it,  and  herein  (though 
his  storyes  be  various)  one  time  saying,  that  when  his  m''  was 
in  bedd  foure  seamen  came  to  the  dore  &c,  another  time,  that 
he  heard  the  seamen  make  a  noyse  in  the  house  as  he  was 
goeing  by  towards  M^.  Fenns  to  play  &c ;  but  take  it  either 
way,  this  he  alwayes  confesses,  that  he  either  did  it,  or  had  a 
hand  in  it,  &  this  is  given  as  the  ground,  because  Jo.  Baldwin 
complained  to  his  master  of  the  matter  of  plumbs,  w'^''  com- 
plaint it  is  like  was  true  &  the  correction  iust,  he  haveing 
nothing  to  say  against  his  m""  for  any  ill  vsage,  as  himself  had 
acknowledged ;  he  was  further  told  that  he  is  reported  to  be 
a  notorious  lyeing  boy,  a  great  offence  to  the  English  amongst 
who  he  lives,  &  a  dishonc  to  the  nation  to  wh  he  belongs, 
and  that  hee  hath  ppetrated  this  act  to  a  great  sum  w^h  he  is 
not  able  to  answere. 

John  Baldwin  p'"sented  in  3  papers,  an  account  of  goods 
that  were  in  the  house,  belonging  to  seuerall  in  Milford,  (but 
proued  it  not,)  he  desired  that  their  damage  might  be  consid- 
ered &  they  righted,  the  goods  amounting  to  about  78'',  to  w^^ 
must  be  added  8  or  IQi'  belonging  to  M^s.  Tapp.  Goodman 
Clarke,  the  owner  of  the  house  y*^  was  burnt,  informed  that 
his  house  he  esteemed  worth  80' •,  but  declared  he  did  not 
[270]  now  demand  it,  &  that  he  |j  also  lost  a  peice  of  serge 
about  31  i. 

Jacobus  was  asked  if  he  saw  these  goods  in  the  house,  or 
saw  them  conveyed  away  by  the  seamen,  he  said  no,  the  sea- 
men went  ouer  the  lots  behinde  his  m'  house,  but  they  car- 
ryed  away  no  goods  that  he  saw,  nor  did  he  heare  fro  them  for 
what  reason  they  would  fire  the  house,  nor  did  he  know  what 
became  of  the  goods  nor  of  any  complotm'^  about  them. 

After  w^h,  the  court  by  way  of  sentence  declared,  first,  as 
there  is  a  criminall  offence  by  Jacobus  Loper  comitted,  in 
burning  one  house  &c  to  the  ground,  with  a  after  attempt  to 
burne  his  masters  house,  vnto  w^  many  lyes  he  hath  added, 
for  these  miscarriages,  vpon  the  considerations  aforesaid,  it 


1661]  JURISDICTION   OF   NEW   HAVEN.  387 

was  ordered  that  he  be  corporally  punished  by  whipping ; 
secondly,  as  he  by  this  fact  hath  brought  damage  vpon  others, 
W^^,  besides  the  house,  is  to  the  vallew  of  about  lOO^',  as  the 
court  was  informed,  (&  but  informed,)  the  proofe  whereof 
they  leave  to  the  judgm*  of  the  court  at  Milford,  it  is  ordered 
that  he  pay  double,  according  to  the  law  in  that  case,  or  to 
the  satisfaction  of  such  as  shall  proue  their  damag  by  the  fire, 
w^^'  satisfactio  aforesd,  if  it  be  not  made  by  himself  or  others 
o  his  behalf,  he  is  to  be  sould  for  a  servant ;  thirdly,  that  the 
jurisdiction  for  time  to  come  may  be  secured,  it  was  ordered, 
that  whosoeuer  shall  entertaine  &  keep  the  said  Jacobus 
Loper,  shall  be  bound  to  secure  the  jurisdiction  and  the  seu- 
erall  inhabitants  thereof  fro  future  damage  by  such  like  mis- 
cheivous  attempts  of  his,  and  he  to  remaine  in  the  marshalls 
custody  vntill  this  sentence  be  fullfilled. 

At  the  desire  of  M^.  Goodenhouse,  for  reasons  by  him 
shewed,  the  court  granted  him  an  attachm*  against  the  estate 
of  Mr.  John  Evance  in  Newhaven,  to  answere  y^  issue  of  an 
account  concerning  the  shipp  Susan,  depending  in  England. 

The  Court  being  informed  that  the  salt  depositted  w*''  the 
court  by  Captaine  Penny,  was  in  a  decaying  condition,  for 
p^uention  of  further  damage  they  did  dispose  of  it  to  Ensigne 
Bryan  &  M^  Jo  Hudson,  at  3^  a  booshell,  in  country  pay,  or 
so  much  salt  againe  when  it  shall  be  demanded,  the  pformance 
whereof  they  engaged,  as  by  a  writeing  dated  the  11*^^  lOth 
moneth  (60,)  subscribed  by  Alexander  Bryan,  John  Hudson. 


[271]  At  a  meeting  op  the  Gen:  Court  for  the  Juris- 
diction, May  17th,  1661. 
The  Deputy  Gouernor  declared  to  the  court  the  cause  of 
the  meeting,  viz,  that  he  had  received  a  copie  of  a  letter  from 
his  majesty,  w^^^  another  letter  fro  the  gouernc"  of  ye  Massa- 
chusetts,* for  the  appi^hending  of  Colonell  Whaley  &  Colonell 

*  A  copy  of  the  kings  letter  to  the  Governor  of  New  England,  dated  March  5th, 
1660-1,  may  be  found  in  3d  Mass.  Hist.  Coll.,  vii,  123,  and  a  copy  of  Gov.  Endicott's 
letter  to  the  Dep.  Gov.  of  New  Haven  dated  May  7th,  1661|,in  Doc.  rel.  to  Col.  Hist, 
of  N.  Y.,  m,  41. 


388  RECORDS   OF  THE  [1661 

Goflf,  w^h  letters  he  shewed  to  the  court  &  acquainted  them 
yt  forthwith  vpon  the  receit  of  them,  granted  his  letter  to  the 
magistrate  of  Newhaven,  by  advice  &  concurrence  of  the 
deputyes  there,  to  make  p'"sent  &  dilligent  serch  throughout 
their  towne  for  the  said  psons  accordingly,  w'^^  letter  the 
messengers  carried,  but  found  not  the  magistrate  at  home,  & 
that  he  himself  followed  after  the  messengers  &  came  into 
Newhaven  soone  after  them,  the  IS*''  of  May  1661,  bringing 
w'li  him  Mr.  Crane,  magistrate  at  Brandford  ;  who  when  they 
were  come,  sent  p'^sently  for  the  magistrates  of  Newhaven  & 
Milford,  &  ye  deputies  of  Newhaven  court ;  the  magistrates 
thus  sent  for  not  being  yet  come,  they  advised  with  the  depu- 
ties about  the  matter,  and  after  a  short  debate  w'^^  the  dep- 
utyes, was  writeing  a  warrant  for  serch  for  the  aforesd 
Colonells,  but  the  magistrates  before  spoken  of  being  come, 
vpon  further  consideration,  (y^  case  being  weighty,)  it  was 
resolued  to  call  the  gen:  court,  for  the  effectuall  carrying  o 
of  the  worke.  The  deputy  gouerno''  further  informed  the 
court  that  himself  &  the  magistrates  told  y*^  messengers  that 
they  were  farr  fro  hindering  the  search,  &  they  were  sorry 
that  it  so  fell  out,  &  were  resolved  to  psue  the  matter  as  that 
an  answere  should  be  pi'pared  against  their  returne  fro  the 
Dutch. 

The  Court  being  mett,  when  they  heard  the  matter  declared, 
&  had  heard  his  majestyes  letter  &  the  letter  from  the  gou- 
erno""  of  the  Massachusetts,  they  all  declared  they  did  not 
know  that  they  were  in  the  colony,  or  had  been  for  divers 
weekes  past,  &  both  magistrates  &  deputies  wished  a  serch 
had  beene  sooner  made,  &  did  now  order  that  the  magistrates 
take  care  &  send  forth  warrant,  that  a  speedy,  dilligent  serch 
be  made  throughout  y^  jurisdicon,  in  psuance  of  his  ma^'es 
comand,  according  to  y^  letters  received,  &  y*  fro  y^  seuerall 
plantations  a  returne  be  made,  y"^  it  may  be  recorded.* 

Order  to  search  for  WhalUy  and  Goffe. 

May  17,  1661.    For  the  Mar^all  or  Deputies  at  Milford. 

You  are  to  make  diligent  search,  by  the  first,  throughout  the  whole  towne  of  Mill- 

foord  and  the  precincts  thereof,  taking  with  you  two  or  three  sufficient  persons,  and 

calling  in  any  other  helpe  you  shall  see  need  of,  who  are  hereby  required  to  attend 

for  your  assistance  upon  call ;  and  this  to  be  in  all  dwelling  houses,  barnes  or  other 


1661]  JDEISDICTION   OF   NEW   HAVEN.  889 

And  whereas  there  have  been  riimo'"^  of  their  late  being 
here  at  Newhaven,  it  hath  been  enquired  into  &  seiierall  psons 
examined,  but  could  finde  no  trueth  in  those  reports,  &  for 
anything  yet  doth  appeare,  are  but  vniust  suspitions  &  ground- 
les  reports  against  y^  place,  to  raise  ill  surmises  &  repi'oaches. 


[272]  At  a  Couet  of  Magistrates  held  at  Newhaven  the 
27th  May,  1661. 
Deacon  George  Clarke  of  Milford,  plaint, 
John  Baldwin  of  the  same,  defendt. 
The  plaint  entred  a  action  of  the  case  against  ye  defendt, 
for  a  house  &  goods,  (to  the  vallew  of  33i',)  burnt  at  Milford, 
but  after  some  short  debate,  the  plaint  not  finding  himself  at 
pi'sent  pi'pared  to  prosecute  his  action,  desired  that  it  might 
be  respitted  vntill  a  time  of  heareing   (this  court)  might  be 
afforded,  onely  he  desired  that  the  testimony  of  Hans  Aluers 
might  be  taken  in  ye  case,  who  testified  that  there  was  a  hole 
in  y^  clabboards  about  the  vpper  floore  at  w^h  a  man  might  goe 
in,  through  w^^  (^fjo  his  house)  he  could  see  both  y®  clothes 
&  y®  men  at  worke,  w^h  ye  defendt  granted  might  be  so. 

buildings  whatsoever,  and  vessels  in  the  harbour,  for  the  finding  and  apprehending  of 
Colouell  Whalley  and  Colonell  Gofl'e,  who  stand  charged  with  crimes,  as  by  his 
Majesties  letter  appears;  and  being  found,  you  are  to  bring  them  to  the  Deputie 
Governor,  or  some  other  Magistrate,  to  be  sent  over  for  England,  according  to  his 
Majesties  order.    Hereof  faile  not  at  peril. 

By  order  of  the  General  Court, 
Jasper  Crane,  as  attest, 

Matthew  Gilberte,  WilHam  Leete,  Deputie  Governour. 

Robert  Treatt. 

In  the  Marshalls  absence,  I  doe  appoint  and  impower  you,  Thomas  Sanford,  Nicho- 
las Campe,  and  James  Tapping  to  the  above  named  powers,  according  to  the  tenour 
of  the  warrant ;  and  to  make  a  returne  thereof  under  your  hands  to  me  by  the  first. 

Robert  Treatt. 
Wee,  the  said  persons,  appointed  to  serve  and  search  by  virtue  of  this  our  warrant, 
doe  hereby  declare  and  testifie  that  to  our  best  light  we  have  the  20th  of  May,  1661, 
made  diligent  search  according  to  the  tenour  of  this  warrant,  as  witness  our  hands. 
Thomas  Sanford,  •\ 

Nicholas  Campe,  (   ^        u 

James  Tapping,  Y  Searchers. 

Lawrence  Ward,  his  I  mark.  ) 

3d  Mass.  Hist.  Coll,  vii,  124. 
The  Judges  remained  concealed  in  the  cave  at  the  West  Rock,  from  May  15,  to 
June  11. 


390  RECORDS  OP  THE  [1661 

Sarjeaiit  Willm  Fowler,  attorney  for  M^  John  Davenport 
Junior,  of  Newhaven,  entred  an  action  of  the  case  against  M^^. 
Joanna  Prudden  of  Milford,  concerning  a  horse  taken  vp  & 
detained  by  her;  Jasper  Giinn  appeared  as  her  attorney  to 
answere  the  sute. 

To  prove  that  the  horse  in  question  did  belong  to  the  plaint', 
these  following  testimonyes  were  pi'sented, 

Edmund  Tooly  testied  that  there  was  brought  vp  by  Edw: 
Campe,  about  six  yeares  agoe,  a  horse  colt  of  a  bright  bay 
couler  w<^h  sucked  his  dam,  w""^  was  also  of  a  bright  bay  couler, 
the  colt  had  white  in  his  forehead,  one  white  foote  behinde,  w^ 
he  app^hended  to  be  the  horse  now  in  questio  at  Milford,  &  to 
be  the  very  same  horse  which  came  of  his  master  Davenports 
bay  mare. 

This  testimony  was  taken  vpo  oath  the  28th  of  12*^  moneth, 
1660.  Mathew  Gilbert. 

Ralph  Lynes  &  John  Burwell  being  vnder  oath  in  court  at 
Milford,  (where  the  case  was  heard,  (but  not  issued,)  the  7^^ 
of  March,  1661,)  did  there  testify,  (as  by  a  copy  of  their  record 
now  p'^sented  did  appeare,)  concerning  a  horse  of  M^.  Daven- 
ports w^h  is  supposed  to  be  this,  that  they  knew  him  at  a  yeare 
old,  &  that  then  he  was  a  bright  bay  w^h  a  small  star,  &  to  their 
best  app^hension  it  is  six  yeares  since,  &  when  he  did  come 
outagaine,  then  he  was  branded  with  M^".  Davenports  brand. 

Samuell  Burwell,  aged  about  20  yeares,  witnesseth  that 
when  this  horse  that  is  now  in  controuersy  at  M".  Pruddens, 
was  first  brought  vp  out  of  the  woods,  winter  was  twelue 
moneth,  into  M"".  "Whitmans  yard,  &  then  John  Warlock  &  hee 
was  there  together,  &  the  sd  Warlock  then  said  he  did  not 
app^hend  this  was  M"".  Pruddens  horse,  for  he  did  not  know 
that  she  wanted  any  such  horse,  further  hee  then  said  that  she 
[273]  wanted  a  bay  gelding,  but  this  ||  was  not  like  that,  for 
he  made  account  that  y^  gelding  was  not  so  light  a  couler  as 
this,  &  that  it  was  bigger  then  this,  but  he  said  that  they  might 
doe  well  to  ketch  him  &  search  him  whether  he  was  a  gelding 
or  no,  but  he  did  not  app'^hend  that  horse  to  be  M".  Pruddens 
gelding. 

The  abouesd  Samuell  Burwell  hath  made  oath  vnto  the 
aboue  named  testimony,  before  mee,  Robert  Treat,  at 
Milford,  March  18th,  |6|o. 

The  defendant  declared  that  >e  looked  for  proof  that  y«' 
horse  was  M"".  Davenports,  w<^h  yet  he  saw  not,  for  as  for 
Edmund  Toolyes,  it  was  but  a  single  testimony,  and  for  John 


1661]  JURISDICTION  OF  NEW  HAVEN.  391 

Burwell,  he  hath  said  at  M--^  Pruddens  that  he  thought  y^ 
horse  was  hers ;  the  defendt  p^'sented  the  testimony  of  John 
Warlock,  but  not  vpon  oath,  who  saith  in  a  writeing  directed 
to  M".  Joanna  Prudden,  as  followeth, 

Louing  Mi^^  there  was  a  mistake  in  my  last  to  you,  I  not  so 
fully  vnderstanding  your  writeing  to  mee,  my  testimony  is  as 
folio weth,  that  you  had  a  bright  bay  stone  horse  with  a  small 
Starr  in  his  forehead  &  one  white  foote  behinde  &  a  black  list 
vpon  his  backe,  w^h  P  P.  vpon  his  neare  shoulder  &  M:  for 
Milford ;  there  vsuall  walk  of  feeding  was  about  the  sea  side, 
&  this  is  the  trueth  of  what  I  doe  remember,  witness  my  hand. 
This  is  the  writeing  &  I  W  marke  of  John  Warlocke, 
Attested -by  mee,  Robert  Chapma,  Decemb  7^^,1660. 

This  writeing  being  read,  the  plaint  called  for  a  former  tes- 
timony of  John  "Warlocks  w^h  he  app'hended  contradictory 
vnto  this,  but  the  defendt  answered  he  neuer  saw  it,  but  if 
they  would  make  vse  of  trueth,  its  here  pi^sented. 

These  words  taken  out  of  M^.  Pruddens  booke. 

A  gray  mare  colt,  foled  in  54,  of  the  markes  of  his  sorfild 
mare,  a  sorrild  horse  colt  of  the  same  yeare  &  marke  of  my 
sorrill  mare,  these  two  lie  towards  the  Indian  side. 

Vpon  W^h  the  plaint  pleaded  that  theres  mention  made  of  a 
sorrilld  colt,  but  the  horse  in  questio  is  a  bay,  therefore  cannot 
be  the  same,  &  besides  that  w<=i'  M'"^  Prudden  wants  is  a  geld- 
ing, but  this  is  a  horse,  wherevpo  the  defendt  p^^sented  the 
testimony  of  Tho.  Betts,  as  followeth. 

When  I  had  been  at  Newhaven,  to  let  M"".  Davenport  see 
the  horse  w^h  is  in  difference  betweene  M"".  Davenport  &  M''^. 
Prudden,  Sarjeant  Fowler  came  to  M^s.  Pruddens  &  looked 
vpo  the  horse  &  ye  brandmarke,  &  sd  that  the  marke  could 
not  be  I:D:,  but  it  might  possibly  be  P:P:,  &  by  the  horse 
starting  forward  when  ye  brand  was  setting  o,  might  turne  it 
off  one  side. 

This  testified  by  mee,  Tho:  Betts. 

Benjamine  Jones,  aged  about  20  yeares,  witnesseth  that  as 
John  Warlock  was  comeing  fro  the  Indian  side,  he  said  at  o"" 
house  that  he  thought  he  see  his  M^^s.  gelding,  and  so  shee  told 
[274]  Esburne  Wakema  of  him,  &  he  went  &  fetched  ||  him 
home,  &  he  said  seuerall  times  it  was  his  m^^  gelding,  a  iDrave 
bay  gelding,  &  at  another  time  when  ye  said  Esburne  was  a 


392  RECOEDS   OF   THE  [1661 

leading  him  to  the  water,  I  asked  him  what  horse  yt  was,  & 

he  sd  it  was  his  m^^.  gelding. 

The  abone  written  Benj  Jones  hath  made  oath  vnto  the 
abouesd  testimony,  before  mee,  Robert  Treat,  in  Mil- 
ford,  March  IS^h  1660:  1661. 

The  Court  haveing  viewed  the  horse,  heard  &  considered 
the  evidence  on  either  side,  with  y^  pleadings  both  of  pi  & 
defendt,  by  way  of  sentence  declared  that  by  all  that  hath 
beene  said  it  doth  not  clearely  appeare  to  who  the  horse  doth 
belong,  but  they  doe  judg  that  ye  most  probable  proof  is  o  the 
plaint  side,  and  doe  therefore  order  that  the  horse  be  delivrd 
to  Mr.  Davenport  as  haveing  the  most  probable  right,  liberty 
being  left  to  y^  defendt  of  a  reueiw  at  the  court  of  magistrates 
in  October  next  if  he  see  cause  to  prosecute ;  y^  defendt  to  pay 
ye  charges  of  y®  court  in  this  cause. 

Leiftenn'^  Charles  Glouer   of  Southold,  plaint',  against 

M"".  James  Mills  &  Leiftenn'  John  Budd  defendants, 

entred  an  action  of  the  case  for  breach  of  an  agreem* 

vpon  ye  forfeiture  of  a  bond  of  200ii.     M"".  Mills  being 

thrice  called,  answered  not,  but  Leiftenn*  John  Budd 

appeared  to  answere  the   sute,  wherevpo  the   plaint 

declared, 

That  he  haveing  done  a  peice  of  worke  for  M"".  Mills,  there 

grew  a  difference  vpon  accounts  &  otherwise  betwixt  them, 

wherevpon  they  both  voluntarily,  and  mutually,  agreed  to 

referr  it  to  indifferent  men  for  issue,  &  entred  into  a  bond  of 

200ii  to  stand  to  their  award,  w'^^  by  a  writeing,  dated  the 

25th  October,  1660,  did  so  appeare;  another  writeing  was  by 

him  pi'sented,  dated  2d^^  October,  1660,  whereby  it  appeared 

yt  Mr.  W^  Wells  &  Captaine  John  Youngs  of  Southold  were 

by  ioynt  consent  chosen  arbitrators,  for  ending  all  differences 

betwixt  them  according  to  their  former  engagem',  as  soone  as 

possibly  the  said  James  Mills  could  returne  fro  Newhaven ; 

accordingly  about  three  dayes  after  his  returne,  they  got  the 

arbitrators  together,  which  was  o  the  8^''  of  December,  &  they 

foure  being  mett,  M^.  Mills  asjied  him  y*  they  might  issue 

accounts  betwixt  themselues  &  not  trouble  their  freinds,  to 

w'^h  he  said  himself  was  not  opposit,  wherevpon  M^  Wells 


1661]  JURISDICTION   OF  NEW   HAVEN.  393 

wished  them  to  make  triall  &  go  as  far  as  they  could,  &  then 
they  should  have  the  less  to  doe ;  the  plant'  further  said  that 
[275]  M^  II  Mills  then  jDromised  to  come  downe  o  the  morrow 
morning  w^h  his  bookes,  but  came  not,  but  about  eleaven  a 
clock  hee  came  hurrying  &  desired  him  to  goe  with  him,  w^h 
he  did,  where  they  run  ouer  their  aln'uptly,  but  could  not 
issue,  &  so  it  rested  till  the  14*^  of  December,  at  wci>  time 
they  assayed  againe,  but  could  doe  nothing,  &  that  M^  Mills 
said  the  men  w^^  they  had  chosen  should  not  end  it,  but  it 
should  goe  to  Newhaven,  by  which  he  conceiv'd  it  appeared 
that  Mr.  Mills  had  forfeited  the  200'',  haveing  broken  his 
engagem*,  concering  which  hee  craved  the  iustice  of  the  court. 

But  for  the  cleareing  of  M'".  Mills  fro  breach  of  y^  agreement 
&  forfeiture  of  the  bond  of  200'',  the  defendt  p^^sented  in  write- 
ing  as  folio  we  th, 

Northampton,  this  13th  of  May,  1661. 

The  deposition  of  Thomas  More,  sen.  This  deponent  saith, 
whereas  there  was  a  difference  betweene  M'".  Mills  &  Charles 
Glouer,  in  makeing  vp  their  accounts  &  the  bignesse  of  the 
shipp  more  then  the  first  agreem^,  they  both  agreed  to  put 
their  differences  to  men  to  be  ended,  but  vpon  further  consid- 
eration, M"".  Mills  &  Charles  Glouer  with  y^  consent  of  their 
arbitrators,  agreed  to  make  vp  their  accounts  between  them- 
selues  without  any  arbitrators,  if  possibly  they  could,  &  the 
next  day  they  were  together  makeing  vp  their  accounts,  & 
went  as  far  in  their  accounts  as  that  time  would  pmitt,  for  the 
shipp  being  aground  o  the  barr,  the  tide  was  to  get  her  off,  & 
then  M'".  Mills  told  Charles  Glouer  he  would  carry  his  booke 
aboard,  and  there  they  would  make  a  end,  &  so  they  did  both 
of  them  carry  their  books  aboard,  and  this  deponent  being 
aboard  the  shipp,  at  evening  M''.  Mills  asked  Charles  Glouer 
if  they  should  go  see  if  they  could  make  a  end  of  their 
accounts.  Charles  Glouer  told  him  he  could  not  that  night 
&  so  Charles  Glouer  went  ashore  p'sently;  ye  next  day  M''. 
Mills  asked  Charles  Glouer  if  he  would  not  stay  y'  they  might 
issue  their  business  of  their  accounts,  Charles  told  him  that  he 
could  not  stay  then,  &  then  Charles  went  home,  w^h  ijvas  foure 
miles  fro  the  shipp,  then  M"".  Mills  told  Charles  that  he  would 
come  vp  at  night;  a  day  or  two  after  this  they  both  did  meet 
where  M^  Mills  lodged,  &  went  to  makeing  vp  their  accounts, 
but  before  M"".  Mills  would  go  any  further  in  his  accounts 
w^h  Charles  Glouer,  M^  Mills  asked  the  carpenter,  Charles 
Glouer,  what  hee  would  demand  for  the  two  foote  depth  in 
50 


394  RECORDS   OF   THE  [1661 

hold  ye  shipp  was  more  then  the  first  agreem*,  Charles  would 
not  tell  nor  say  what  he  would  have  a  long  time,  but  at  last 
Charles  Glouer  told  Mills  what  he  would  have,  &  then  M^ 
Mills  thought  his  demands  were  so  vnreasonable  that  he 
should  neuer  give  him  what  he  demanded ;  being  both  of  them 
almost  angry,  Mr.  Mills  told  the  carpenter,  Charles  Glouer, 
that  he  had  paid  him  more  for  the  shipp  already  then  the 
agreem'  was,  and  that  should  be  made  appeare  by  his  accounts, 
&  there  they  left  off.  A  day  or  two  ^  this,  M^  Mills  drew 
out  all  his  accounts  and  carryed  them  to  M"".  Wells  &  M^ 
[276]  Youngs,  &  told  them  there  were  ||  the  accounts  in  all 
the  pticulers  that  he  had  paid  to  Charles  Glouer,  &  pfered  to 
take  his  oath  to  them,  &  Mi".  Mills  prayed  them  to  take  them 
&  pvse  them  with  Charles  Glouer,  &  to  see  what  exceptions 
they  could  finde  against  them,  but  M^.  Wells  &  M^.  Youngs 
refused,  &  said  they  would  not  meddle  with  them  vnless  they 
had  power  to  issue  any  differences  they  should  finde  in  y<^ 
accounts,  not  further. 

Taken  before  me,  John  Ogden. 

The  depositio  of  Alice  RawlingsJ  being  sworne  &  examined , 
saith.  That  o  the  T^'i  of  December  last  past,  being  at  M"". 
Mores  at  Southold,  that  on  that  day  in  the  evening  y^  arbitra- 
tors betwixt  Mr.  James  Mills  &  Charles  Glouer  mett,  &  that 
she  heard  the  said  Charles  Glouer  say  seuerall  times  y'  the 
arbitrators  advised  them  to  end  it  betwixt  themselues,  and  if 
they  could  not  end  all  their  differences  betwixt  themselues,  Sf 
if  they  could  not  end  all  their  differences  betvnxt  themselues, 
then  if  they  would  bring  it  to  them  the  sd  arbitrators,  they 
would  doe  it  for  them,  also  this  deponent  saith,  that  the  next 
day  after  the  arbitrators  mett,  the  sd  Charles  Glouer  &  James 
Mills  mett  at  M^.  Moores  according  as  the  arbitrators  advised, 
&  began  w^h  their  accounts,  and  she,  the  deponent,  heard  M^. 
Moore  say  seuerall  times  to  y^  said  Mills,  come  away  &  leave 
off  your  accounts,  for  you  will  loose  the  tide  to  heave  the  shipp 
off,  but  ye  said  James  Mills  refused  to  breake  off  before  he 
had  finished  y^  acc"^  with  ye  said  Charles  Glouer,  &  when 
they  had  done,  the  sd  deponent  heard  him  say  that  there  was 
little  or  noe  difference  in  ye  accounts,  &  that  he  did  not  mat- 
ter small  matters,  five  or  six  pounds  should  not  make  a  differ- 
ence betwixt  them,  onely  they  had  not  reckoned  some  mens 
wages  &  other  small  matters ;  also  this  deponent  saith  that  ye 
second  day  following,  Charles  Glpuer  went  downe  to  the  shipp 
to  end  their  difference,  but  returned  &  did  not,  but  about  2  or 
3  dayes  after  that  they  went  downe  to  ye  shipp,  they  returned 
againe,  &  James  Mills  at  M^  Moores  said  to  Charles  Glouer,- 
shall  we  end  o''  matters  now,  but  he  refused  &  said  he  must  go 


1661]  JURISDICTION   OP   NEW   HAVEN.  395 

home  to  sleep,  James  Mills  replied  to  him,  (being  very  vrgent 
to  have  him  stay  &  end  with  him,)  &  said  to  him  the  said 
Charles  Glouer,  I  caried  my  booke  downe  with  mee  to  the 
shipp  to  end  with  you  &  there  you  would  not,  but  you  would 
come  vp  to  the  towne,  &  then  when  I  saw  you  would  not  stay 
there  to  end,  I  concluded  to  bring  my  book  vp  to  towne  with 
mee  againe  &  I  am  now  come  vp  purposely  to  end  with  you  <fe 
now  you  will  not,  I  cannot  wait  vpon  you  alwayes,  my  occa- 
sions calls  mee  ouer  to  Pequitt,  if  you  will  not  doe  (t  now, 
appoint  a  time  when  I  shall  come  vp  againe  &  I  will,  so  the  sd 
Charles  Glouer  appointed  ye  next  night  following,  &  accord- 
ingly the  said  James  Mills  came,  and  being  together  at  M^ 
Moores,  the  sd  James  Mills  said  to  the  said  Charles,  you  know 
we  have  almost  ended  our  accounts,  before  we  proceed  any 
further  let  mee  know  what  it  is  you  require  for  the  shipp  for 
building  the  shipp  two  foot  deep  in  y^  hold  then  y''  agreem',y^ 
[277]  sd  Charles  ||  Glouer  did  in  a  very  angry  manner  refuse 
vtterly  to  tell  the  sd  James  Mills  what  he  should  give  him  for 
the  shipp,  for,  said  Glouer,  let  vs  finish  o'^  accounts  first,  &  after 
we  have  ended  all  o""  accounts  then  I  will  tell  you  what  you  shall 
give  for  ye  shipp,  &  not  before ;  and  thus  did  the  sd  Charles 
Glouer  continue  for  the  space  of  about  3  houres,  till  it  was  about 
12  a  clock  at  night,  &  by  no  pswation  would  be  drawne  to  tell 
the  sd  Mills  what  he  should  give  him  for  the  shipp,  the  sd  Mills 
replied  it  is  all  y°  reason  in  the  world  that  I  should  know 
what  I  must  pay  for  the  shipp  before  I  pay  for  her,  &  vnlesse 
you  will  tell  mee  what  I  must  pay  for  the  shipp  I  will  not 
finish  my  accounts  with  you,  for  you  would  have  mee  give  you 
y''  difference  in  accounts  betwixt  vs,  &  then  you  will  make 
mee  pay  for  y°  shipp  what  you  please  yourself.  Also  this 
deponent  saith,  shee  heard  Charles  Glouer  say  at  the  same 
time,  I  confesse  saith  hee  Charles  Glouer,  when  I  made  the 
agreemt  with  you  y'^  aforesd  Mills,  I  told  you  I  did  not  cer- 
tainly know  what  length  the  shipp  was  by  the  keele,  I  said  I 
knew  not  whether  shee  was  49  foote,  or  50,  or  51,  or  52  foote 
by  y^  keele,  but  I  was  certaine  she  was  49  foote,  but  said  y*^  sd 
Charles  Glouer,  there  shee  is  as  shee  lies,  more  or  lesse.  Also 
this  deponent  saith,  that  the  next  morning  after  they  had  this 
discourse,  that  the  said  James  Mills  went  ouer  to  Pequett 
according  as  he  said  to  Glouer  the  night  before,  that  his  occa- 
sions was  vrgent  &  he  could  not  wait  vpon  him,  so  as  he  did 
fro  time  to  time.  Also  this  deponent  saith  y'  about  9  or  10 
dayes  after,  the  sd  James  Mills  returned  to  South  old,  &  then 
did  bespeake  a  lanching  dinner,  at  W^^'  time  Charles  Glouer  & 
James  Mills  mett,  &  Charles  Glouer  asked  him  when  they 
should  end  their  differences,  for  said  hee,  it  is  time;  the  sd 


396  RECORDS   OF   THE  [1661 

James  Mills  said  it  was  not  then  a  seasonable  time,  it  being 
about  12  a  clock  at  night ;  the  next  morning  James  Mills  went 
aboard  the  shipp,  &  then  did  Charles  Glouer  send  a  warrant 
after  him  the  said  Mills.  Also  this  deponent  saith  shee  heard 
Charles  Glouer  say,  if  the  shipp  had  been  M^  Brentons,  she 
might  have  beene  lanched  y^  last  yeare.  Also  she  saith,  she 
heard  the  sd  Glouer  Yrge  James  Mills  many  times  to  doe  his 
worst,  saying  he  would  faine  see  the  fruits  of  his  threatening 
him,  &  further  saith  not.  To  all  this  that  is  before  declared. 
Fortune,  y®  wife  of  James  Mills  doth  testify  to  be  true  vpon 
oath,  also  Roger  Rawlings,  husband  to  the  deponent  Alice 
Rawlings,  testifieth  the  trueth  of  all  this  vpon  oath. 
Taken  vpon  oath  this  4^^  of  March,  JcIt?  before  mee, 

John  Tinker,  of  New  London,  Assistant. 

This  deposition  being  read,  the  pi  replied  that  therein  it  is 
said  that  o  the  T^h  of  December  y^  arbitrators  mett  at  M''. 
Moores,  w''^  he  now  vndertook  to  disapproue,  w^h  y^  defendt 
desired  might  be  noted  that  he  charged  falchood  on  the  wit- 
nesses ;  the  writeing  being  viewed,  y*^  pi  was  told  that  y^  depo- 
nent doth  not  say  that  they  mett  at  M"".  Moores,  but  being  at 
M"".  Moores,  &c.,  concerning  w^h  charg  y®  pi  saw  his  error. 
[278]  II  The  plaint'  desired  to  speake  to  that  passage  in  y^ 
deposition,  viz,  the  second  day  following,  Charles  Glouer  went 
downe  to  the  shipp  to  end  their  differences  but  returned  and 
did  not,  but  about  2  or  3  dayes  after  they  went  downe  to  the 
shipp  they  returned  againe,  &  James  Mills  at  M"".  Moores  said 
to  Charles  Glouer  shall  we  end  o*"  matters  now,  but  he  refused 
&  sd  he  must  goe  home  &  sleep;  to  W^^^  he  now  answered,  it 
is  true  he  went  downe  6  the  second  day,  the  reason  was  the 
shipp  being  off,  Mr.  Mills  desired  him  to  goe  &  worke,  who 
also  then  said,  it  may  be  we  may  end  o^  matters  aboard,  but 
he  went  ouer  to  Shelter  Island,  who  promised  to  come  vp  at 
night,  who  did  come,  but  very  late,  &  he  haveing  beene  3 
nights  aboard,  wanting  those  refreshm^s  w^h  he  might  have 
had  on  shore,  being  almost  spent,  he  did  say  he  must  goe  home 
&  sleep. 

The  defend'  desired  it  might  be  noted  that  the  pi  had  said, 
that  he  could  not  get  M^.  Mills  to  attend  a  issue,  yet  now  hath 
sd  y*^  Mr.  Mills  would  have  had  it  attended  but  he  must  goe 
home,  &  sleep. 


1661]  JURISDICTION   OP  NEW   HAVEN.  397 

The  plaint  prsented  these  testimonies  following, 
The  testimony  of  Nathaniel  ]\Iore,  aged  about  or  neare  20 
yeares,  this  deponent  saith,  that  vpon  a  sixt  day  at  night  he 
heard  M^.  James  Mills  say,  that  the  men  which  was  the  arbi- 
trators chosen  betweene  them  should  not  end  their  differences, 
but  it  should  goe  to  Newhaven,&  that  he  did  not  matter  200'' 
so  long  as  he  thought  hee  should  get  five  by  it. 

Nathaniell  Moore. 
Testified  vpon  oath  before  mee,  Will  Wells,  Aprill  10^^', 
1661. 
Simo  Steevens,  seama  &  one  of  the  crew  that  did  belong  to 
M^  Mills  his  shipp,  aged  about  28  yeares,  saith,  This  deponent 
saith  that  he  heard  Leifteini*  Charles  Glouer  ask  M"".  Mills  to 
have  their  differences  ended  according  to  their  refference  in 
that  behalf,  but  he  sd  M^.  Mills  refused,  saying  he  was  doubt- 
full  Captaine  Youngs  was  p'judiced  against  him,  he  being  his 
arbitrator,  and  moreouer  said  he  would  have  it  ended  at  New- 
haven  ;  the  sd  Charles  Glouer  said  y*^  was  a  put  off,  &  then 
earnestly  desired  M^  Mills  &  hee  might  come  to  a  faire  end, 
according  to  their  first  agreem*^,  but  M'.  Mills  sd  he  mattered 
not  200''  as  long  as  he  could  get  500''  by  it;  this  discourse 
was  o  a  Friday  in  y*"  evening  at  M^  Moores  house. 

Simo  Steevens. 
Taken  the  2^  of  March,  1660,  before  mee,  Will:  Wells. 

For  the  cleareing  of  the  case,  M*".  Wells  in  court  declared 
that  there  was  a  evening  when  the  plaint  &  defendt  &  y^  arbi- 
trators mett  at  M^.  Youngs  house,  with  intent  to  endeavo''  y^ 
ending  of  the  differences  between  them,  w^'^  were  of  two  sorts, 
1.  in  matter  of  accounts,  2,  about  the  enlargment  of  the  shipp, 
at  w^h  time  M^  Mills  said  that  for  the  accounts,  he  thought 
they  might  end  themselues,  wherevpon  M^  Youngs  &  himself 
bid  them  doe  what  they  could,  &  what  they  could  not  doe 
therein,  they  would  affoard  their  help,  &  that  then  it  was 
[279]  agreed  there  should  be  a  prosecution  for  issue,  ||  which 
was  to  be  the  next  morning,  &  no  after  that  he  knowes  of,  but 
the  whole  businesse  was  neuer  taken  out  of  y^  arbitrators 
hand,  but  the  matter  of  accounts  onely,  as  hath  beene  said ; 
to  the  same  purpose  now  spake  Captaine  Yongue,  who  w'^all 
added,  that  that  pt  concerning  the  enlargm*  of  the  shipp  it  was 
neuer  like  to  be  issued  by  themselues ;  concerning  the  testi- 
mony of  Tho.  Moore  senior,  M^.  Wells  declared  there  was  a 


398  RECORDS   OP  THE  [1661 

mistake,  it  was  true  tliat  M^.  Mills  brought  his  book  and 
accounts  to  him,  but  he  would  not  meddle  with  it  being  alone, 
Capt'  Youngs  said  he  knew  nothing  of  it,  &  both  said  that  he 
neuer  came  w^h  his  booke  &  accounts  to  them  together. 
The  testimony  of  Edward  Cogner  was  p^sented. 
This  deponent  saith  that  vpon  a  sixt  day  of  the  weeke  at 
night,  he  heard  this  discourse  betwixt  James  Mills  &  Charles 
Glouer,  namely  that  Charles  Glouer  had  been  foure  or  five 
times  to  account  with  M''.  Mills,  &  at  this  time  had  his  book 
vnder  his  arme  &  desired  him  to  come  to  account,  yet  he  did 
not,  but  put  off  the  said  Charles,  so  as  nothing  was  done  about 
y*"  same  in  my  p''sence.  Edward  Cogner. 

Taken  vpon  oath  ye  10^''  of  Aprill,  1661,  before  mee, 

Will  Wells. 

The  defendt  pleaded  that  by  the  bond  M"".  Mills  was  engaged 
to  attend  a  sudden  &  speedy  issue  after  his  reture  fro  New- 
haven,  W'J  engagem*^  he  saw  not  but  he  had  attended  to  as 
well  as  the  plaint',  if  the  testimony es  o  his  part  be  consid'"ed, 
and  therefore  the  plaint  did  vniustly  molest  him  by  arest  & 
imprisonm* ;  but  the  plaint'  replied,  that  the  defendt  had 
refused  to  stand  to  the  arbitratio,  &c.,  &  that  there  was  iust 
ground  for  the  arrest,  as  should  appeare  by  these  testimonyes 
following. 

The  deposition  of  Rennick  Garret,  sen ,  &  Abraham  Whithar, 
aged  something  aboue  twenty  yeares. 

These  deponents  do  testify  they  did  somtimes  heare  M»'. 
Mills  say,  before  the  shipp  was  lanched,  that  if  he  could  but 
get  the  shipp  off,  &  out  of  the  creeke,  that  he  would  shew 
goodma  Glouer  a  trick. 

Taken  before  mee,  John  Youngs,  February  12,  1660. 

The  Court  haveing  heard  the  evidence  o  either  side,  with  the 
pleas  of  both  plaint'  &  defendt,  declared  that  by  what  hath 
beene  said,  it  doth  not  appeare  but  that  M^".  Mills  hath  psued 
the  attendance  to  his  duty,  in  reference  to  the  bond,  as  well 
as  the  other,  (though  they  see  negligence  in  both,)  &  that  the 
bond  of  200ii  is  not  by  him  forfeited,  &  so  no  iust  ground  for 
this  sute,  &  doe  therefore  order  that  both  plaint  &  defendt  do 
beare  their  owne  charges,  the  bond  to  be  kept  by  the  secretary. 
[280]  II  John  Lum,  of  Huntingto,  plant',  agt  Barnabas  Hor- 
ton  of  Southold,  defendt,  in  a  action  of  the  case  concerning  a 


1661]  JURISDICTION   OP  NEW   HAVEN.  399 

mare,  but  he  findeing  himself  vnp''pared  m  poynt  of  testimony, 
withdrew  hi^  action. 

Leiftenn'  John  Bud,  plaint',  Charles  Glouer,  defendt.  The 
plaint'  declared  agt  the  defendt  for  a  debt  of  15^ ',  the  defendt 
granted  that  happily  there  might  be  money  due  to  the  plaint', 
but  how  it  should  be  IS^i  he  knowes  not,  he  knew  there  were 
accounts  of  7  or  8  yeares,  w'^''  they  had  endeavoured  to  issue 
but  could  not,  he  therefore  propounded  that  two  indifferent 
men  at  Southold  might  be  chosen  to  make  vp  the  account,  & 
what  the  ball  shall  appeare  to  be,  Captaine  John  Youngs  now 
engaged  with  him  to  satisfy  to  y  plaint',  wllo  accepted  the 
proposition  &  engagem^  w^^^^  is  (vpon  notice  given  by  y^ 
plaint')  to  be  attended  by  the  defendt. 

Sarjeant  Rich:  Baldwin  &  John  Cowper,  attorneys  for  M"". 
James  Mills,  pi,  entred  an  action  of  debt  &  damag,  to  the 
vallew  of  5001',  against  Charles  Glouer  of  Southold. 

Sarjeant  Richard  Baldwin  w*''  some  others  of  Milford, 
haveing  attached  a  bolster,  blanket  &c,  supposed  to  be  y^ 
estate  of  Jacobus  Loper,  now  appeared  to  psecute,  who  were 
told  that  the  boy  was  much  indebted  to  the  jurisdiction,  w^^ 
must  first  be  paid.  Hans  Alvers,  his  master,  was  asked 
whether  the  goods  attached  was  Jacobus  his  propp  estate,  who 
answered  that  he  was  to  have  some  bedding  with  him  w'^''  he 
was  to  have  the  vse  of,  but  whether  it  would  be  demanded 
againe  at  y^  end  of  his  time,  he  knew  not,  haveing  lost  his 
indenture  which  might  have  cleared  the  case.  After  w°h  the 
deputy  gouerno''  declared,  that  there  was  a  sentence  formerly 
past  in  this  court  against  Jacobus  Loper  for  notorious  mis- 
cariages,  namely  for  burning  a  house  w^h  a  considrable  quan- 
tity of  goods  for  ought  appeares,  the  owners  whereof  were  to 
be  repaired  in  proportion  to  y^  damage  they  should  make 
proof  off,  wherevpon  he  hath  been  kept  in  prison  to  this  time 
to  see  if  any  would  appeare  o  his  behalf,  to  satisfy  for  the 
wrong  done,  but  no  hath  appeared.  It  was  now  propounded 
that  if  there  were  any  that  would  be  a  chapman  for  Jacobus 
Loper,  that  they  would  take  notice  j^  the  tender  is  made, 
after  w<^^  Sarjeant  Baldwin  declared,  that  y^  damage  sustained 
by  him  hath  been  very  great  &  his  fact  of  a  high  nature,  lie 


400  RECOEDS   OF   THE  [1661 

therefore  propounded  whether  y^  court  would  not  adventure 
a  little  more  vpon  him,  by  sending  him  to  the  Barbadoes, 
[281]  which  they  inclined  not  vnto,  but  did  order  ||  that 
Jacobus  shall  remaine  in  prison  vntill  he  have  received  the 
correction  formerly  ordered,  and  that  then  he  be  delivered  to 
his  master  Hans  Aluers,  who  is  to  convey  him  out  of  the 
jurisdicon,  the  goods  before  mentioned  belonging  to  Jacobus, 
to  remaine  vnder  custody  vntill  the  charg  of  imprisonment  be 
satisfied. 

Captaine  John  Youngs  againe  appeared  to  prosecute  his 
action  against  Richard  Smith  of  Setaucutt,  who  being  called, 
answered  not. 

The  last  will  &  testament  of  Mathias  Curwin,  late  of  South- 
old,  deceased,  was  p'^sented,  subscribed  by  John  Vnderhill  & 
deposed  by  Barnabas  Horto,  at  the  court  March  5^^,  1660, 
before.  Will  Wells,  John  Youngs. 

The  last  will  &  testam'  of  Tho.  Cooper  of  Southold,  de- 
ceased, was  pi'sented,  deposed  by  Barnabas  Horto,  Charles 
Glouer,  Barnabas  Windes  senior,  before  Will.  Wells,  John 
Youngs,  at  a  court  held  the  5^^  of  March,  1660. 

An  inventory  of  the  estate  of  Mr.  Francis  Newman,  (the 
late  Hon''*^  Gouerno*"  of  this  Colony,)  amounting  to  430,  02, 
07,  was  p'^sented,  &  by  the  widdow  of  the  deceased  attested  to 
be  a  full  inventory  of  her  late  husbands  estate,  to  the  best  of 
her  knowledg.  M^  Wakema,  Deacon  Miles,  John  Cooper, 
vpon  oath  attested  to  the  vallew  y^  it  was  iust,  according  to 
their  best  light,  at  a  court  held  at  Newhaven  y^  5^^^  of  March, 
1660,  1661. 

An  inventory  of  the  estate  of  Deacon  Henry  Lindon  late 
of  Newhaven,  deceased,  amounting  to  210'',  07%  00^,  was 
pi'sented  at  a  court  at  Newhaven  the  7^^^  May  1661,  &  by 
y«  widdow  of  y*'  deceased  vpon  oath  witnessed  to  containe  y^ 
whole  estate  of  her  late  husband,  to  the  best  of  her  knowledge. 
Leiftennt  John  Nash,  Deacon  W'"  Peck  &  James  Bishopp 
attested  to  the  vallew  y^  it  was  iust,  according  their  best  light. 

An  inventory  of  the  estate  of  John  Wakefeid  late  of  New 
Haven,  deceased,  amounting  to  116'',  0o%  01^,  was  p^sented, 
proued  in   court  at  Newhaven  Decemb.  4ii',  1660,  &  by  the 


1661]  JURISDICTION   OP  NEW   HAVEN.  401 

widdow  of  the  deceased  then  attested  to  containe  y^  -whole 
estate  of  her  late  husband,  to  y^  vallew  of  10%  to  y^  best  of 
her  knowledg.  Will  Tompson  &  Roger  Allen  vpo  oath  wit- 
nessed yt  ye  vallew  was  iust,  according  their  best  light. 

An  inventory  of  the  estate  of  Ephraim  Penington  late  of 
Newhaven,  deceased,  was  p'-sented,  amounting  to  112,  03,  00, 
proued  in  court  at  Newhaven  the  5*^  of  Febr.  1660,  &  then 
by  the  widdow  of  the  deceased  attested  to  containe  the  whole 
estate  of  her  late  husband,  to  y^'  best  of  her  knowledg.  John 
Cowp  &  Roger  Allen  both  witnessed  vpon  oath  y^  the  vallew 
was  iust,  according  to  their  best  light. 

[282]  II  An  inventory  of  the  estate  of  Edward  Camp  late  of 
Newhaven,  deceased,  was  pi'sented,  proued  in  court  at  New- 
haven the  first  of  November  1659,  &  by  ye  widdow  of  y« 
deceased  vpon  oath  attested  to  containe  y^  whole  estate  of  her 
late  husband,  to  the  best  of  her  knowledg.  Leiftenn^  John 
Nash  &  Abraham  Dowlittle  attested  to  y^  vallew,  at  a  court 
at  Newhaven  Decemb"^  4"%  1660. 

An  inventory  of  the  estate  of  Edward  &  Grace  Watson 
late  of  Newhaven,  deceased,  amounting  to  80'',  03^,  08^^, 
was  p''sented,  proued  in  court  at  Newhaven  March  5,  60,  w<=h 
was  by  Francis  Browne  attested  to  containe  y^  whole  estate 
of  ye  parties  deceased,  to  the  vallew  of  5%  to  the  best  of  his 
knowledg,  (an  estate  formerly  appointed  to  Mary  Walker  in 
ye  house  &land  of  her  father  (vnder  some  questio)  excepted.) 
Francis  Browne  &  James  Bishopp  attested  y'  the  apprisem^ 
was  iust,  according  their  best  light. 

An  inventory  of  the  estate  of  John  Ouerin  late  of  New 
Haven,  deceased,  amounting  to  ^  ,  at  a  court  at  New  Haven 
was  presented,  attested  by  Jeremiah  Osburne  to  containe  the 
whole  estate  of  the  deceased,  to  the  best  of  his  knowledg. 
Willm  Russell  attested  that  ye  vallew  was  iust,  according  to 
their  best  light. 

A  writeing  was  pi'sented  by  widdow  Pigge,  as  the  will  of 
Robert  Pigg  her  late  husband,  &  by  her  vpon  oath  attested  to 
be  his  last  will  &  testam^  to  the  best  of  her  knowledg,  but  being 
neither  sealed  nor  subscribed  by  the  testator,  nor  any  other  as 

61 


402  RECORDS   OP  THE  [1661 

witnesses,  could  not  be  legally  proved, but  vpo  testimony  given 
in  at  a  court  at  Newhaven  Febr.  5.  1660,  it  was  ordered  that 
the  estate  shall  be  disposed  off  as  in  the  writeing  is  specified, 
&  accordingly  vnto  the  widdow  of  the  deceased  was  granted 
power  of  administracon.  Also  an  inventory  of  the  estate  of 
Robt.  Pigg,  amounting  to  176'',  12%  5^,  was  p''sented,  w'^'^  by 
the  widdow  of  the  deceased  attested  to  containe  the  whole 
estate  of  her  late  husband,  to  the  vallew  of  10%  (a  peice  of 
serge  intended  for  a  coat  for  herself  excepted,)  to  the  best  of 
her  knowledg.  That  y^  vallew  was  iust  was  attested  by 
Francis  Browne  &  James  Bishopp. 


[283]   At  a  Court  of  Election   held  at  Newhauen  for 
THE  Jurisdiction,  the  29th  of  May,  1661. 

M^  Will  Leete  was  chosen  Gouerno"". 

M"".  Mathew  Gilbert  was  chosen  Deputy  Gouernor. 

M"".  Benjamine  Fenn  was  chosen  Magistrate. 

M^  Robert  Treat  was  chosen  Magistrate. 

M"".  Jasper  Crane  was  chosen  Magistrate. 

Who  all  tooke  the  oath  proper  to  their  place,  but  M''.  Fenn 
with  this  explanation,  (before  the  oath  was  administred,) 
that  he  would  take  the  oath  to  act  in  his  place,  according  to 
the  lawes  of  this  Jurisdiction,  but  in  case  any  business  from 
without  should  p^sent,  he  conceived  that  he  should  give  no 
offence  if  he  did  not  attend  to  it,  who  desired  that  it  might 
be  so  vnderstood. 

M^  John  Wakeman  &  Wilim  Gibbard  were  also  chosen 
Magistrates,  but  neither  of  them  tooke  the  oath.* 

The  Gouerno''  &,  M"".  Fenn  were  chosen  Comissioners. 
M"".  Treat  the  third  in  the  clioyce,  to  supplie,  if  God  by  his 
prouidence  should  hinder  either  of  the  other. 

*  They  had  both  repeatedlj-  declined  beipg  considered  candidates  when  nominated 
by  the  town.— N.  H.  Town  Rec.  ii.  337,  340.  Through  apprehension  of  a  change  of 
government,  and  of  dangers  which  began  seriously  to  threaten  the  colony  from  all 
sides,  there  appears  to  have  been  great  reluctance  to  accept  office  this  year. 


1661] 


JUEISDICTION   OF  NEW   HAVEN. 


403 


Roger  Allen  was  chosen  Treasurer. 
James  Bishopp  was  chosen  Secretary. 
Tho:  Kimberly  was  chosen  Marshall. 

All  for  the  yeare  ensuing. 

[This  is  the  last  entry  made  by  William  Gibbard,  and  what  follows  is  in  the  hand 
■writing  of  James  Bishop.] 


At  a  Generall  Court  held  att  Newhauen  for  the  Juris- 
diction, THE  29^11  OF  May,  1661. 
The  Deputies  presented  there  certificates  which  were  ap- 
prooued,  all  for  the  yeare  ensueinge  except  New  Hauen,  which 
were  only  for  the  present  sitting  this  court. 
There  was  pi'sent, 

Deputies. 

Leiftennt  Nash, 
John  Cooper, 

John  Fletcher, 
Thomas  Welch, 

M"-.  Robert  Kitchell, 
John  Fowler, 


The  Gouern' 


Deputy  Gouern' 


New  Hauen. 


Milford. 


Fenne, 
Treat, 
Crane, 


Magistrates. 


Guilford. 


Richard  Law, 
Francis  Bell, 


Stamford. 


Southold. 


Branford. 


Barnabas  Horton, 
Will  Furrier, 

Leiftenn*  Swaine, 
Lawrence  Ward, 

A  writing  of  John  Benhams,  which  he  brought  from  Guil- 
ford, was  presented  and  reade  to  the  court,  with  a  petition  of 
his  owne  by  way  of  acknowledgment  of  his  euill  and  desireing 
(forgivenes)  of  the  court,  being  his  first  offence,  hopeing  it 
should  be  a  warninge  to  him  euer  after.  The  court  was  will- 
ing to  accept  his  acknowledgement,  prouided  that  they  heard 
not  further  against  him.  Vpon  this,  the  court  saw  cause  to 
declare  as  followeth,  viz. 

That  whereas  we  haue  bene  occasioned  (vpon  some  reports 
of  grieuance  from  sundry  non-freemen,  that  just  priuilidges 


404  RECORDS  OF  THE  [1661 

and  liberties  are  denied  them,  which  they  apprehend  is  allow- 
ed them  by  our  first  fundamentall  law,)  to  take  the  matter 
[284]  into  consideratio,  |1  and  vpon  a  serious  review  of  things 
of  this  nature,  and  of  our  law,  wee  doe  see  cause  to  declare 
viito  all  godly  and  peaceable  inhabitants  in  this  colony,  that 
we  are  greiued  to  heare  of  some  vncomfortable  manor  of 
acting  by  such  vnsatisfied  persons,  in  a  seeming  factious,  if 
not  seditious,  manner,  which  we  wish  that  all,  (whoe  would 
not  be  looked  vpon  as  disturbers  of  our  peace,  and  troublers 
of  our  Israeli,)  to  be  warned  from  after  appearings  in  such 
wise,  and  wee  hope  they  shall  haue  noe  cause  to  complaine  of 
any  injury  by  our  witholding  of  just  rights,  priuilidges  or 
liberties,  from  any  to  whom  they  belong,  soe  as  to  hurt  the 
promotion  of  our  cheife  ends  and  interests,  professed  and 
pretended  by  all  at  our  comeing,  combineing  and  setling  in 
New  England,  as  by  the  Articles  of  Confederation  &  otherwise 
may  be  made  to  appeare,  which  must  ingage  vs  to  seeke, 
secure  &  advance  the  same  by  law,  and  from  which  we  canot 
be  perswaded  to  diuert,  soe  as  to  comitt  our  more  weighty 
ciuill  or  military  trusts  into  the  hands  of  either  a  crafty  Achit- 
ophell,  or  a  bloody  Joab,  as  some  abusiue  medlers  doe  seeme 
to  hint  vnto  vs,  in  a  paper  we  met  withall,  though  such  should 
seeme  to  be  better  accomplished  wt'»  either  naturall  or  ac- 
quired abilities  aboue  those  that  are  as  well  lawfull  as  intitled 
freemen,  whose  earnest  desire  is,  that  all  planters  would  make 
it  their  serious  endeauour  to  come  in  by  the  doore  to  enjoy  all 
privilidges  &  beare  all  burdens  equall  wt^i  themselues,  accord- 
ing to  our  foundation  setlements  &  vniuersally  professed  ends, 
and  yt  there  may  be  noe  disorderly  or  vncomely  attempts  to 
climbe  vp  another  way,  or  to  discourage  the  hearts  or  weaken 
ye  hands  of  such  as  yet  beare  the  burden  of  the  day  in  pub- 
lique  trusts,  which  wilbe  aflicting  and  hurtfull  to  the  ends 
aforesayd. 

The  Court  taking  (the  law  about  distribution  of  y^  estates 
of  those  that  dy  intestate  and  leaue  more  children  then  one,) 
into  consideration,  because  solnetimes  there  is  left  a  weake 
widdow,  and  sometimes  a  company  of  weake  &  small  chil- 
dren, &  soe  thereby  many  difficulties  doe  attend,  the  court 


1661]  JURISDICTION   OP  NEW   HAVEN.  405 

therefore  did  order,  that  as  it  is  in  y^  printed  law,  where 
there  is  a  widdow  &  but  one  child,  that  one  third  part  of  the 
estate  is  left  to  y«  discretion  of  y^  court  to  dispose  of,  by 
diuiding  it  betwixt  y"  widdow  &  child,  soe  now  in  this  case, 
betwixt  the  widdow  &  children,  as  they  shall  see  cause,  onely 
reseruing  liberty  of  appeales,  according  to  the  printed  law. 

The  Court  considering  of  an  order  formerly  made  for  the 
recording  of  y^  jurisdiction  accounts  in  a  booke  for  y*  pur- 
pose, did  now  order  that  this  should  yearely  be  done,  in  such 
forme  &  latitude  as  the  deputies  of  y^  generall  court  that 
yeare  shall  accept  of,  and  the  sume  of  y*^  accounts,  what  is 
left  in  credit  or  debt  vpon  the  ballance,  and  in  whose  hands  it 
is,  and  in  what,  with  a  record  of  the  jurisdiction,  what  it  is 
and  where  it  is. 

It  was  now  ordered  yt  all  sheepe  of  a  yeare  old  or  aboue, 
be  rated  but  at  ten  shillings  apeice,  till  farther  order  be  giuen. 

Concerning  y^  custome  for  wine  &  strong  liquors,  the  dep- 
uties for  Milford  was  desired  to  let  it  out  to  Ensigne  Bryan  for 
the  yeare  ensueing,  for  13''  in  currant  country  pay  and  3i'  in 
siluer,  if  they  could  get  it,  but  if  not,  it  was  to  be  gathered 
vp  by  the  persons  that  formerly  did  it  in  every  plantation,  for 
the  benefitt  of  the  jurisdiction. 

It  was  alsoe  ordered  that  fifty  pound  be  payd  to  y""  gouern'', 
and  fifteene  pound  to  the  deputy  gouern''  for  y^  yeare  ensue- 
inge. 

[285]  II  M'.  John  Wakeman  propounded  to  the  court  con- 
cerning the  late  gouern"  sallary,  (he  being  deceased,)  how 
much  they  would  allow  of  it  to  be  payd,  and  it  was  vnani- 
mously  concluded  to  allow  halfe  the  yeares  sallary,  and  alsoe 
that  y®  charges  of  his  funerall  bee  borne  by  y^  jurisdiction,  as 
Gouern"^  Batons  was. 

Richard  Lawes  and  Francis  Bell  was  chosen  deputies  for 
Stamford,  to  keepe  court  quarterly,  except  vpon  extraordinary 
occasion,  to  try  any  case  not  exceeding  the  value  of  12i',  &  to 
lay  a  fine  not  aboue  40  shillings,  taking  in  with  them  some 
others  as  deputies  with  the  consent  of  y®  freemen,  &  both 
these  tooke  oath  for  the  faithfull  discharge  of  their  trust 
comitted  to  them,  according  to  the  best  of  there  ability,  for 


406  RECOEDS   OF  THE  [1661 

the  preseruing  of  the  peace  of  y^  jurisdiction,  &  for  adminis- 
tring  of  justice  in  cases  presented. 

The  Court  tooke  seriously  y^  case  of  Southold  into  debate,  & 
considering  that  y®  election  for  magistrates  for  them  did  not 
hold,  they  thought  something  was  very  necessary  to  be  done 
for  them,  and  at  last  issued  &  concluded  by  a  full  vote,  that 
seeing  M^  W"»  Wells  and  Cap^  John  Young  was  sent  in  nom- 
ination for  magistrates  by  the  major  vote  of  there  freemen,  the 
court  therefore  thought  they  judged  them  fittest  for  cheife 
office  among  them,  but  the  court  propounding  y*^  same  to  them, 
found  them  very  vnwilling  to  accept  of  any  further  trust,  yet 
notwithstanding,  after  much  debate,  the  importunity  of  y^ 
court,  together  w^^  the  necessity  of  vpholding  some  power  for 
y®  good  of  Southold,  was  considered  by  them,  they  submitted 
themselues  to  y^  courts  desire,  &  therevpon  the  court  did 
impower  these  two  as  comissioners,  with  three  other  which  the 
freemen  should  choose  &  appoint,  to  keepe  court  for  the  yeare 
ensueinge,  once  a  quarter  or  oftener  vpon  extraordinary  occa- 
sions, to  try  any  case  not  exceeding  twelue  pounds,  &  to  lay  a 
fine  not  exceeding  40  shillings ;  but  the  power  of  calling  and 
regulating  these  courts  to  be  in  the  hands  of  these  two,  or  one 
of  them  if  the  other  be  absent,  &  then  to  call  in  another  with 
the  consent  of  the  freemen,  to  supply  his  absence,  but  if  both 
these  be  absent,  there  shalbe  noe  such  power  to  keepe  any 
such  courts.  M'.  W™  Wells  now  tooke  oath,  &  had  power  to 
administer  the  oath  to  y"  rest,  and  likewise  they  was  hereby 
jnvested  with  all  such  other  office  power  as  hath  bene  at  any 
time  heretofore  giuen  to  Southold  deputies  in  euery  respect. 
Some  queries  put  by  some  of  Southold  to  court. 

Firsts  concerning  Thomas  Moore,  whoe  haueing  bene  bound 
ouer  by  y^  marshall  to  appeare  at  y®  court  at  Newhauen,  which 
he  hath  refused.  The  court  answered  &  agreed  y'  the  afore- 
sayd  Thomas  Moore  should  be  bound  ouer  in  a  band  of  lOO^' 
to  appeare  at  New  Hauen,  at  the  court  of  magistrates  in  Octob. 
next,  to  answer  his  contempt,  if  full  proofe  of  his  satisfaction 
be  not  before  giuen  to  y^  court. 

2  que:,  was  concerning  such  y*  refuse  to  bring  in  an  account 
of  there  estates  according  to  order.     The  court  declared  y^  a 


1661]  JURISDICTION   OF  NEW   HAVEN.  407 

due  estimate  of  there  estate  be  taken  by  some  intrusted  for  yt 
purpose,  as  neare  as  may  be,  &  given  in,  &  they  bound  ouer  to 
answer  for  their  contempt  at  y^  court  of  Magistrates  at  New 
Hauen. 

3  q:,  propounded  concerning  a  drumer,  whether  they  might 
not  choose  such  a  one  as  was  not  a  freeman,  &  chose  by  the 
generall  vote  of  y^  company.  The  court  answered  because  of 
there  present  necessity  &  his  fitnes,  they  allowed  John  Paine 
to  be  drumer  whom  they  nominated. 

The  Court  alsoe  haueing  sundry  complaints  brought  to  them 
about  ye  military  affaires  of  Southold,  &  there  amies  &  amuni- 
tion  being  defectiue  sundry  wayes,  did  giue  them  to  vnderstand 
that  they  tooke  notice  of  them,  &  did  giue  serious  aduise  that 
there  be  an  effectuall  amendment  of  these  things,  that  there 
[286]  may  be  due  incouragement  ||  giuen  to  those  that  are  in 
cheife  military  trust  among  them,  else  if  this  court  shall  heare 
further  complaints,  they  shall  sharply  witnes  against  them. 

Leiftenn*  Charls  Glouer  is  allowed  by  this  court  to  be 
leiftennt  for  Southold  military  company,  as  chosen  by  y^  free- 
men thereof. 

There  was  sundry  propositions  presented  by  M^  Pecke, 
schoolemaster,  to  this  court,  as  followeth ; 

First,  that  the  master  shalbe  assisted  with  y^  power  &  coun- 
sell  of  any  of  the  honoured  magistrates  or  reuerend  elders,  as 
he  finds  need  or  y''  case  may  require.  2.  That  Rectores  Scholse 
be  now  appointed  &  established.  3.  What  is  yt  the  jurisdic- 
tion expects  from  y""  master,  whether  any  thing  besides  instruc- 
tion in  the  languiges  and  oratory.  4.  That  two  indifferent 
men  be  appointed  to  proue  &  send  to  y®  master  such  schollars 
as  be  fitted  for  his  tuition.  5.  That  two  men  be  appointed  to 
take  care  of  the  schoole,  to  repaire  &  suply  necessaries  as  y« 
case  may  require.  6.  Whether  the  master  shall  haue  liljerty 
to  be  at  neighbours  meetings  once  euery  weeke.  7.  Whether 
it  may  not  be  permitted  that  y*^  schoole  may  begin  but  at  eight 
of  y®  clocke  all  y®  winter  halfe  yeare.  8.  That  y®  master  shall 
haue  liberty  to  vse  any  bookes  that  doe  or  shall  belong  to  y® 
schoole.  9.  That  y*"  master  shall  haue  liberty  to  receiue  into 
and  instruct  in  y''  schoole  schollars  sent  from  other  places  out 
of  this  jurisdiction,  and  y*^  he  shall  receiue  the  benefit  of  them, 
ouer  &  aboue  what  y^  jurisdiction  doth  pay  him.  10.  That 
the  master  may  haue  a  settled  habitation,  not  at  his  owne 


408  RECORDS   OP  THE  [1661 

charge.  11.  That  he  shall  haue  a  weekes  vacation  in  ye 
yeare  to  improoue  as  the  case  may  require.  12.  That  his  per- 
son and  estate  shalbe  rate  free  in  euery  plantation  of  this 
jurisdiction.  13.  That  halfe  the  y cares  payment  shall  be 
made  to,  and  accounts  cleared  with  y®  master  within  the  com- 
passe  of  euery  halfe  yeare.  14.  That  40^',  alias  fourty  pounds, 
per  annum,  be  payd  to  the  schoolemaster  by  the  jurisdiction 
treasurer,  and  that  IQi',  alias  ten  pounds,  per  annum  be  payed 
to  him  by  New  Hauen  treasurer.  15.  That  y*"  major  part  of 
the  foresayd  payments  shall  be  made  to  y®  schoole  master  in 
these  particulars  as  followeth,  viz:,  30  bush:  of  wheate,  2  bar- 
rills  of  porke  &  2  barrills  of  beefe,  40  bush:  of  Indian  corne, 
30  bush:  of  pease,  2  firkins  of  butter,  lOOii  of  flax,  30  bush: 
of  oates.  Lastly,  That  the  honoured  court  would  be  pleased 
to  consider  of  and  settle  these  things  this  court  time,  and  to 
confirm e  y®  consequent  of  them,  the  want  of  which  things, 
especially  some  of  them,  doth  hold  the  master  vnder  discour- 
agement and  vnsettlement ;  yet  these  things  being  sutably 
considered  &  confirmed,  if  it  please  the  honoured  court  further 
to  improue  him  who  at  present  is  schoole  master,  although 
vnworthy  of  any  such  respect,  and  weake  for  such  a  worke, 
yet  his  reall  intention  is  to  giue  vp  himselfe  to  the  worke  of  a 
gramer  schoole,  as  it  shall  please  God  to  giue  opportunity  & 
assistance. 

The  Court  considering  of  these  things,  did  graunt  as  follow- 
eth, viz,  to  y®  second,  they  did  desire  &  appoint  M^.  John 
Davenport,  sen"^,  M"".  Streete  k  M^  Pearson  to  take  y^  care  & 
trust  vpon  them ;  to  the  third,  they  declared  that  besides  y^ 
which  he  exprest,  they  expected  he  should  teach  them  to  write 
soe  far  as  was  necessary  to  his  worke;  to  the  fourth,  they 
declared  that  they  left  it  to  those  before  mentioned ;  to  the 
eight,  they  declared  that  he  should  haue  the  vse  of  those 
bookes,  prouided  a  list  of  them  be  taken ;  and  the  nineth  they 
left  to  y^  comittee  for  y^  schoole ;  and  the  rest  they  graunted 
in  generall,  except  the  porke  &  butter,  k  for  that,  they  did 
order  that  he  should  haue  one  barrill  of  porke  &  one  firkin  of 
butter  prouided  by  the  jurisdiction  treasurer,  though  it  be 
with  some  losse  to  the  jurisdiction,  &  that  he  should  haue 
wheate  for  y^  other  barrill  of  porke.  This  being  done,  M^. 
Pecke  seemed  to  be  very  well  satisfied. 

There  was  something  propounded  about  the  engrauing  of 
Gouern'"  Batons  tombe,  which  was   agreed  to  be  left  to  y<^ 


1661]  JURISDICTION   OF   NEW   HAVEN.  409 

Gouern'',  Deputy  Gouern'"  and  New  Hauen  court,  with  the 
aduise  of  the  elders  of  New  Hauen. 

It  was  alsoe  ordered  that  a  comittee  be  chosen  by  this  court 
for  the  treating  with  &  issueing  of  any  seeming  differance 
betwixt  Conecticot  Colony  and  this,  in  reference  to  the 
diuiding  bounds  betwixt  them,  and  of  some  seeming  right  to 
this  jurisdiction,  which  they  pretend  in  a  letter  sent  to  this 
Genii  Court,*  which  being  read,  the  court  considering,  did 
[287]  nominate  &  conclude  of  the  Gouern'',  Deputy  Gouern'"  || 
and  all  the  magistrates,  with  M^  John  Davenporte  sen'',  George 

*  At  a  General  Court  for  the  town  of  New  Haven,  April  23d,  1660,  "  The  gouernor 
desired  that  the  bounds  of  a  pcell  of  land  towards  Connecticote  might  be  sett  out,  for 
the  pmention  of  future  differrences  that  might  otherwise  arise  betwixt  vs,  w^^'' motion 
was  approued,  and  thereupon  it  was  ordered  y'  M^  Yale,  W'"  Andrewes,  John  Cowper, 
John  Brackitt,  Nathaniel  Merriman,  w"'  the  help  of  Mautowees,  an  Indian,  y«  late 
pprieto'^,  shall  set  out  the  bounds  w""  lasting  markes,  w^''  is  to  be  done  w""  the  first 
convenyence." — N.  H.  Town  Rec.  ii.  31G. 

The  setting  of  these  bounds  occasioned  the  following  letter,  wliich,  in  the  hand- 
writing of  Daniel  Clarke,  Secretary,  is  found  among  the  State  Records  at  Hartford. 
Foreign  Correspondence,  ii.  Doc.  4. 

Hono"''^  Gent:  Tliis  Court  haueing  receaued  information,  not  only  by  what  appeares 
in  one  of  yo^  Lawes  respect:  the  purchase  of  land  from  y  Indians,  wherin  there  is  a 
seeminge  challeng  of  very  large  intrests  of  lands,  and  likewise  by  what  intelligence 
we  haue  had  of  yo''  strechting  yo"  bounds  vp  towards  vs,  by  markeing  trees  on  this 
side  Pilgi-oomes  Harbour,  wch  things,  as  y<^  intrench  vpon  or  intrest,  soe  they  are  not 
satisfying  or  contentful,  nor  doe  we  app-'hend  it  a  course  furthering  or  strengthining 
y'  freindly  correspondency  that  we  desire,  and  ought  to  be  ppetuated  twixt  neigh- 
bours and  confederates;  espetially  in  that  we  conceaue  you  cannot  be  ignorant  of  our 
real  and  true  right  to  those  parts  of  y^  countrey  where  you  are  seated,  both  by  con- 
quest, purchase  and  possession ;  and  tho :  hitherto  we  haue  bin  silent,  and  altogether 
forborne  to  make  any  absolute  challenge  to  o'  owne,  as  before,  yet  now  we  see  a 
necessitie  at  least  to  reuiue  y«  memoriall  of  o'' rite  and  intrest,  and  therfoi-e  doe  desire 
that  there  may  [be]  a  cessation  of  further  proceed,  in  this  nature,  vntil,  vpon  mature 
consideration,  there  may  be  a  determinate  settlement  and  mutuall  concurrence  twixt 
yorselues  and  this  collonie,  in  reference  to  y^  deviding  bounds  twixt  the  two  colonies. 
It  is  further  desired  and  requesf  by  vs,  that  if  there  [be  J  any  thing  extant  on  record 
w'h  you  y'  may  further  y«  [dejciding  this  matter,  that  it  may  be  produced,  and 
that  there  may  be  a  time  and  place  appointed,  where  some  deputed  for  yt  end,  fur- 
nished w'h  ful  power,  may  meet,  y'  [so  a]  loving  issue  may  be  eflectd  to  prevent 
furth[er  tro]ubles.    And  in  case  there  be  noe  record  of  gi-ant  or 

allowance  from  this  collony,  respecting  the  surrend"",  not  only  of  lands  possessed  by 
you  and  improued,  but  alsoe  such  lands  as  it  seemes  to  vs  that  you,  vnd''  some  p''tended 
or  assumed  right,  haue  induced  by  yo"'  bounds  w'hin  yoi"  liberties,  that  you  would  be 
pleased  to  consid"'  on  some  speedy  course,  wherby  a  compliance  and  condescendency 
to  what  is  necessary  and  convenient  for  yo'  future  comforte  may  be  obtained  from 
vs,  the  true  proprietors  of  these  parts  of  countrey.  We  desire  yo^  returne  to 
o^  Gen"  Court,  in  reference  to  o''  proposit's,  with  what  convenient  speed  may  be,  y'  soe 
what  is  desired  by  vs  in  point  of  mutuall  and  neighbourly  correspondenc,  according 
to  y"^  rules  of  justice  and  rightiousnes,  may  be  stil  maintained  and  continued. 

52 


410  RECORDS   OF   THE  [1661 

Hubbard  and  Leiutennt  Jobn  Nash,  as  a  comittee  for  this 
busines,  whom  they  impowered  to  giue  an  answer  to  theire 
letter,  &  to  treate  with  &  conchide  of,  soe  farre  as  they  should 
see  cause,  with  any  whom  they  should  appoint  for  this 
busines ;  and  there  was  an  answer  drawne  vp  &  sent,  signifie- 
ing  soe  much  to  them. 

M"".  Robert  Treate  was  allowed  captaine  for  Milford  by  this 
Gen'^  Court,  as  desired  &  chosen  by  the  freemen  thereof. 

There  was  certificates  presented  from  the  seuerall  planta- 
tions concer[ning]  view  of  armes,  according  to  order,  &  the 
sufhciencie  of  there  armes  and  amunition  &  towne  stocke, 
which  seemes  to  be  in  a  competent  measure  sufficient,  except 
Southold,  which  was  witnessed  against. 

It  was  ordered  that  a  rate  of  150' ^  shalbe  leuied  vpon  the 
seuerall  plantations  &  pprictours  of  Pagausett,  according  to 
there  proportions,  to  be  payed  at  such  times,  &  in  such  pay,  & 
at  such  prizes  as  was  ordered  the  last  yeare,  which  is  thus 
pportioned. 

New  Haven,  051  05  03 

Milford,         033  01  02 

Guilford,       021  06  03 

Stamford,      020  06  00 

Southold,       012  17  10 

Brandford,     009  17  04 

Paugausett,  001  06  02 


150  00  00 


The  remainder  of  y«  Court  of  MacxIstrates  which  began 
May  27th,  1661. 

There  was  present,  y"  Gouernr,  Deputy  Gouern'',  M"".  Fene, 
Mr.  Treate,  &  M^.  Crane. 

Will  Pepper  was  called  before  y^  court  &  examined  of  sun- 
dry gross  facts  of  theft,  &  for  breaking  prison,  he  haueing  sun- 
dry things  found  in  his  hands",  both  att  Guilford  &  at  Sea- 
brooke,  where  he  was  last  taken,  as  siluer  &  wampom,  tobacco, 
liolland,  apparell,  a  pistol,  shooes  &  deare  skins,  &c. 

It  being  asked  him  where  he  had  these  things,  there  was 


1661]  JDEISDICTION   OF   NEW   HAVEN.  411 

61',  8%  9d  in  siluer  he  confest  he  tooke  out  of  M^.  Rother- 
fords  vessell  in  Newhauen  harbour,  except  one  shilling,  &  the 
wampon  he  sayd  he  had  some  of  it  at  Conecticut  &  some  at 
Boaston,  &  the  tobacco  he  sayd  he  bought  of  John  Story  of 
Flushin,  &  18  yards  |  of  holland  he  sayd  he  tooke  out  of  M"". 
Wethrills  vessell,  &  the  pistoll  out  of  goodiTi  Clarkes  shop  at 
Guilford,  &  some  shooes  he  sayd  of  Peter  Desbrow  at  Greene- 
wich,  &  the  deare  skins  &,  one  pound  of  powder  from  Humphry 
Spinninge,  &  sundry  other  things  he  had,  which  he  sayd  he 
had  some  in  one  place  &  some  in  another,  but  was  found  very 
false  in  sundry  things,  that  at  last  the  gouern"^  told  him  y'  he 
was  a  notorious  theife,  &  had  gone  on  in  a  way  of  theft  long, 
k  that  after  he  was  prisoner  at  New  Haven  he  broke  prison  & 
got  off  his  locke  &  the  same  night  went  aboard  M^.  Rother- 
fords  vessell  &  tooke  y^  siluer  that  was  in  a  closse  place  & 
seuerall  other  things,  &  whereuer  he  came  he  did  mischeife, 
euen  to  those  that  shewed  him  kindnes,  &  after  he  was  last 
taken  at  Seabrook  hee  wounded  the  mans  seruant  where  he 
was  taken ;  for  these  things  &c,  it  was  told  him  he  was  not  lit 
to  line  in  any  place  with  any  godly  people,  &,  that  he  was  neare 
the  gallowes  as  an  incorrigible  person. 

The  Court  therefore  considering  his  seuerall  euills  &  wrongs 
done  to  sundry,  as  apeared  by  his  owne  confession  &  proofe, 
and  his  mischeife  done  at  Seabrooke,  did  by  way  of  sentence 
declare,  that  those  persons  they  had  knowledge  of  from  whom 
he  had  stole  should  haue  there  owne  goods  againe  towards 
there  satisfaction,  and  that  he  be  seuerely  whipt,  for  a  warning 
both  to  himselfe  &  others  of  falling  into  such  like  courses,  &  for 
other  charges  which  are  or  may  come,  that  he  be  sold  for  a 
fine  of  ten  pounds  to  be  payed  to  the  jurisdiction,  &  that  he 
be  kept  in  prison  till  he  be  thus  disposed  of. 

Richard  Baldwin  of  Milford  &  John  Cooper  of  Newhauen, 
plaint',  in  the  behalfe  of  M"".  James  Mills,  entred  an  action  of 
ye  case  against  Leiftenn*  Charls  Glouer  of  Southold  defend- 
ant, for  vnjust  molestation  &  false  imprisonment  of  M^".  James 
Mills,  to  his  damage  &  discredit. 

The  Gouern""  demanded  of  y^'  pi:,  how  was  his  false  impris- 
onment.    They  answered,  for  sueing  the  band  which  Charls 


412  RECORDS   OP   THE  [1661 

[288]  Glouer  had  noe  cause.  It  was  demaunded  ||  of  ye  pi: 
concerning  there  letf  of  atturnie,  which  being  deliuered  to  ye 
court  was  accepted.  The  gouern''  asked  them  to  what  damage 
they  extended  there  action ;  jDlaint'  answered,  besides  his  foure- 
teene  dayes  imprisonment  or  vnder  custody,  his  men  was  much 
hindered  thereby.  The  go""  told  them,  if  he  got  bayle  hee 
needed  not.  Defendt  desired  them  to  prooue  there  vnjust 
molestation ;  plaint'  left  it  to  the  court,  &  the  go""  answered  y^ 
they  see  noe  cause  there  should  haue  bene  such  pceeding 
against  M^  Mills  by  Charls  Glouer.  Plaint'  pleaded  damage, 
being  a  marchant,  &  that  it  was  much  indignity  to  such  a  one 
to  be  vnder  an  arrest,  &  left  it  to  y°  courts  consideration ; 
defend't  answered,  he  had  his  liberty  to  goe  about  his  worke, 
&  testified  by  the  marshall  of  Southold  that  he  miglit  haue  had 
his  liberty  if  he  would  haue  giuen  in  security,  &  tliat  he  did 
goe  to  Northampton  in  this  time ;  the  plaint'  answered,  but 
he  was  vnder  an  arrest  &  at  there  coinand  for  y^  time. 

The  Court  considering  the  case  as  an  vnjust  molestation,  & 
soe  a  damage  in  reference  to  his  credit  thereby  being  vnder  an 
arrest,  did  by  way  of  sentence  declare,  that  L:  Cliarls  Glouer 
doe  jjay  to  M^  James  Mills  fifty  shillings,  alsoe  the  charges  of 
y®  action. 

Cap*.  Nathaniell  Siluester  being  bound  ouer  to  this  court  to 
make  his  appearance,  was  called  three  times  by  y^  marshall, 
but  answered  not  nor  appeared. 

Capt.  John  Young,  plaintiffe,  entred  an  action  of  slaunder 
against  John  Bud  sen'",  defend*,  both  of  Southold,  &  there 
vpon  the  plaint'  jnformed  y*  John  Bud  sen""  came  into  court  at 
Sou.thold  &  sayd  we  was  very  strict  against  Quakers,  but  we 
could  suffer  whoring  &  drinking,  or  drunkennes. 

Defend't  desired  him  to  prooue  it,  vpon  wliich  M^  W™ 
Wells  sayd,  it  was  to  all  the  court,  therefore  euery  one  tooke 
it  particularly  to  himselfe. 

The  plaint'  alsoe  informed  against  y^  defend*  that  he  had 
seuerall  times  charged  him  wUh  lieing  when  he  was  told  he 
tended  to  disturbe  the  peace. 

Defend*  answered  to  y^  first  charge,  Sir,  I  haue  acknowl- 
edged them  to  be  hasty  words,  &  that  y®  words  were  whoring, 


1661]  JUEISDICTION   OF   NEW   HAVEN.  413 

tipling,  &  wanton  es,  &  for  y*"  second  charge  lie  sayd  he  was 
brought  into  y^  church  about  it  &  gaue  satisfaction  to  those 
that  was  there,  &  that  for  three  quarters  of  a  yeare  after  this 
he  had  comunion  w'^^  them  at  the  Lords  table.  M^.  Wells 
informed  that  they  vsed  meanes  to  reclaime  him  in  another 
way  by  his  sofie  to  pswade  him  to  come  &  make  his  acknowl- 
edgement of  his  euill.  Defend*  replied,  You  dealt  with  mee 
as  a  rogue,  binding  me  oner  to  appeare  in  a  bond  of  100'',  but 
afterwards  the  defend'  acknowledged  the  words  charged  was 
spoken  by  him,  &  that  they  was  euill  words  &  such  as  passed 
from  him  in  his  hast  &  distemper,  &  therefore  sayd  he  had 
acknowledged  that  he  had  cast  a  reproach  vpon  them,  because 
he  had  not  brought  any  thing  legally  against  any  of  them, 
therefore  acknowledged  that  he  had  slaundered  them  all  & 
coufest  his  euill  therein.  M"".  Wells  seeing  John  Bud  some- 
thing pliable,  &  not  willing  to  bring  further  trouble  on  him  as 
he  exprest,  ppounded  to  him  that  in  one  of  his  writings  he  had 
sayd  yt  he  was  a  wretched  man  &  had  undone  him  in  body  or 
soule,  or  both.  There  was  much  sayd  to  John  Bud  by  the 
court  to  conuince  him  of  his  euill.  M"".  Wells  sayd  this  was 
spoken  at  court  &  not  priuately.  Defend*  answered,  as  the 
Lord  sets  it  vpon  my  heart,  I  shall  acknowledge  it.  M"". 
Treate  counselled  him  to  petition  to  his  impleaders  for  mercy 
in  a  free  acknowledging  of  his  euill.  L:  Charls  Glouer  desired 
to  ppound  two  things  to  John  Bud,  expressing  that  it  was  not 
his  mony  y*  they  desired ;  &  y^  Jij-st  was  y*  John  Bud  come- 
ing  into  y^  court  sayd  that  he  had  taken  away  his  place  from 
him;  &  secondly,  that  he  went  about  to  take  away  his  head. 
John  Bud  answered  he  knew  noe  such  thing,  but  it  was 
prooued  by  the  marshall  of  Southold,  then  afterwards  John 
Bud  owned  his  first  speech  as  an  euill  speech,  &  y*  L:  Glouer 
neuer  sought  his  place  nor  was  capable  of  it;  then  M"".  Treate 
aduised  John  Bud  to  giue  all  incouragement  to  y^  souldjers  to 
attend  to  their  present  officer;  then  John  Bud  acknowledged 
the  euill  of  the  second  speech  &  sayd  he  was  sorry  for  it. 
After  this  (was  read  to  the  court)  an  oath  of  L:  Charls  Glouer 
concerning  some  speeches  of  John  Bud  senf  in  the  behalfe  of 
the  Quakers,  which  is  as  followeth. 


414  EECOEDS  OF   THE  [1661 

Tlie  deposition  of  L:  Charls  Glouer. 
This  deponent  sayth  y*  being  occasionally  at  y^  bouse  of 
Leiftenn^  John  Buds,  &  there  haueing  some  discourse  rpon 
some  points  of  religion,  &  that  the  Quakers  came  in  amongst 
other  sectes  that  are  now  abroach  in  the  world,  of  which  this 
[289]  abouesayd  John  Bud  did  soe  highly  comend  of  as  ||  say- 
ing that  they  were  the  honestest  and  most  godly  people  that 
were  now  in  the  world,  and  did  vse  many  expressions  by  way  of 
great  dislike  of  the  pceedings  of  all  the  gouernments  in  this 
country  against  them,  and  that  they  would  one  day  haue 
cause  to  repent  thereof,  and  further  did  aske  me  this  deponent, 
why  they  might  not  haue  there  liljerty  here  as  well  as  in  other 
countries,  saying  they  were  not  the  like  abused  noe  where, 
where  they  came,  as  they  were  here,  vnto  which  my  answer 
was  to  him  that  you  doe  much  mistake  yourselfe,  and  I  am 
sorry  to  heare  what  you  say,  vnto  which  with  many  other 
words  of  reply,  sayd  they  were  such  a  people  that  he  could 
wish  he  was  worthy  to  lay  downe  his  life  for  them,  and  would 
if  he  were  calld  to  it,  and  though  much  more  might  be  sayd, 
yet  further  this  deponent  sayth  not. 

Taken  vpon  oath  in  open  court  att  Southold  y^  20'^  of 
July,  1660. 

Clause,  a  Dutchman,  owned  he  was  present  in  the  sayd 
John  Buds  house  when  the  discourse  abouesayd  was  vented 
by  him,  &  sayd  he  vnderstood  the  cheife  part  thereof,  Ijut  not 
vnderstanding  fully,  his  oath  was  spared,  this  testified  M^ 
W'n  Wells. 

Now  vpon  this,  John  Bud  charged  L.  Cha:  Glouer  to  be 
a  false  fellow  for  taking  an  oath  against  him,  which  much 
vnsatisfied  L.  Cha:  Glouer. 

The  Gouerno''  told  John  Bud  that  he  judges  all  the  governe- 
ments  for  y^  sake  of  the  Quakers  &  that  he  was  a  Quaker  in 
heart  and  affection,  and  among  y^  generation  spoken  of  in 
Jude,  that  speake  euill  of  dignities,  &  that  the  plaint'  would 
prooue  against  him  to  fauour  the  Quakers.  Capt  Jo:  Young 
sayd  it  would  be  prooued  that  y^  Quakers  preached  in  his 
house,  both  men  and  women.  John  Bud  sayd  it  was  without 
his  consent.  The  gouern'"  asked  him  it  he  acknowledged 
his  euill  about  the  Quakers.  Jor  Young  sayd  he  heard  him 
conieud  them.  Jo:  Bud  sayd  they  held  forth  Christ  in  there 
speeches ;  that  in  apeared  by  these  things  (it  was  told  him) 


1661]  JURISDICTION   OF  NEW   HAVEN.  4l5 

he  carried  too  friendly  to  the  Quakers.  John  Bud  now 
acknowledged  his  speech  that  he  spake  against  L:  Gloner  for 
taking  an  oath  against  him,  to  be  very  euill,  and  that  he  had 
noe  ground  to  speake  soe  of  him. 

The  Court  considering  the  case  betweene  Cap*  John  Young 
and  John  Bud  sen^  the  charges  being  acknowledged  by  the 
defend^  &  sundry  other  euills  discouered  by  him  in  court,  did 
by  way  of  sentence  declare,  that  John  Buds  carriage  in  these 
things  hath  bene  very  bad,  and  in  reference  to  the  action,  the 
court  declared  that  he  had  greatly  slaundered  Capt  Young, 
&  to  such  a  degree,  if  only  in  reference  to  his  name,  had  not 
he  shewed  his  moderation  to  the  court,  they  could  not  but 
haue  more  severely  witnessed  against  it,  but  because  also  of 
his  acknowledgment  of  his  euill,  they  did  adjudge  him  to  pay 
to  ye  plaint'  but  ten  pounds  and  the  charges  of  the  action  ; 
and  for  his  other  miscarriages,  in  his  troublesome  carriage  att 
Southold,  &  soe  much  testified  here,  &  in  his  speeches  about 
the  Quakers,  wherein  its  to  be  feared  he  hath  cast  an  asper- 
sion on  the  governments,  they  did  sentence  him  to  pay  five 
pounds  as  a  fine  to  the  jurisdiction,  and  left  a  serious  warn- 
ing with  him  that  he  be  not  found  in  any  such  wayes  againe, 
telling  him  if  he  was,  it  would  be  much  heauier  vjDon  him 
then  at  this  time ;  and  for  the  busines  about  M^.  Wells,  they 
left  it  with  him  seriously  to  consider  of  and  make  vp  with  him. 

John  Bud  answered  that  as  things  was  presented,  he  saw 
not  how  the  court  could  doe  lesse. 

John  Herdman  (haueing  presented  a  petition  to  the  court 
for  an  abatement  of  a  former  fine  layed  vpon  him)  appeared, 
but  the  court  told  him  they  could  not  see  at  present  how  to 
abate  it  without  too  slender  passing  by  of  wickednes,  except 
they  could  see  there  was  a  reall  change  in  him.  John  Cooper 
and  Ensig'  Bryan  testified  something  of  his  better  behauiour 
as  they  had  heard,  and  M''.  Osborne.  Now  the  court  vpon 
these  testimonies  considered  to  forbeare  the  fine  till  further 
testimony. 

Edward  Parker  desired  it  might  be  tooke  notice  of  in  the 
court  that  whereas  it  was  reported  that  he  had  told  John 
Palmer  that  he  saw  the  gentlemen  here  three  dayes  before  y« 


416  RECOEDS   OF   THE  [1661 

messengers  came,  M^  Crane  and  goodm  Tod  testified  that 
they  heard  John  Palmer  say  that  he  neiier  heard  Edward 
Parker  say  any  such  thing. 

L:  Jn°  Nash  was  appointed  a  trustee  (for  y^  credito'"^  to 
M"".  Goodyeares  estate,)  in  the  stead  of  M»'.  Jn°  Wakeman, 
he  being  to  remoue  &  desireing  it. 

[290]  II  Mr.  Osborne,  clearke  of  the  jron  workes,  was  licensed 
to  draw  wine  and  strong  liquors  for  the  workemen  by  this 
court  till  they  see  cause  to  repeale  it. 

It  was  agreed  that  M^  John  Davenport  jun'"  should  haue 
ten  shillings  allowed  him  by  the  defend't  for  charges  about 
the  horse  tried  in  the  begiiiing  of  this  court,  except  he  see 
cause  to  remitt  it. 

M^  Goodenhouse  ppounded  that  the  attachment  graunted 
him  by  the  court  of  magistrates  Decemb,  11^',  1660,  on  M"". 
Euance  liis  house  &  accomodations,  might  extend,  as  to  the 
principle,  soe  to  the  rent  and  pduce  of  it. 

W"^  Andrewes  sen*"  desired  to  joine  w^'^  him  in  this  attach- 
ment (in  the  behalfe  of  his  sonne  W'",  which  was  seruant  in 
the  ship,)  to  the  valew  of  30^'  as  he  sayth. 

John  Cooper  informed  that  there  was  30^''  out  of  this  house 
ingaged  to  M^.  Hodshon  in  the  behalfe  of  M*".  Stendam,  but 
that  was  referred  to  the  records. 

Concerning  M^,  Goodenhouse  it  was  declared  as  folio weth, 
viz,  whereas  the  estate  of  M^  John  Euance  hath  bene  layd 
vnder  an  attachment  by  M^  Goodenhouse,  that  is,  his  houses 
accomodations  and  all  appurtenances  therein,  at  the  suite  of 
M^  Goodenhouse,  vpon  an  account  of  a  ship  called  the  Susan 
in  partnership  <fe  gargo  &  for  factorige  and  wages,  now  for 
this  he  appear'd  &  pduced  these  testimonies  to  make  proofe 
of  the  proportion  of  his  interests  to  a  quarter  &  24^^  part  in 
the  sayd  ship  and  gargo,  together  with  an  account  for  factorige 
and  wages  both  for  himselfe  and  his  sonne  vnder  M^  Euance 
his  hand,  and  pleaded  that  M^  Euance  had  receiued  1500' i^ 
sterling  for  composition  from  the  Portugall  embassadour,  all 
which  parts  of  ship  and  gargo^  factorige  and  wages,  doe 
amount  to  329^^,  5%  as  he  saith,  but  noe  sufficient  proofe  yet 
appearing  to  the  courts  satisfaction,  of  M^  Euance  his  soe 


1661]  JURISDICTION  OP  NEW   HAVEN.  417 

receiuing,  the  court  therefore  saw  cause  to  referre  the  matter 
to  a  further  clearing.     The  testimonies  was  these, 

Ensigne  Bryan  saith  he  apprehended  by  M^  Euance  speak- 
ing of  the  losse  of  the  vessell  betweene  them,  that  M^.  Gooden- 
house  he  had  the  greatest  losse,  but  what  part  or  share  he 
had  in  the  ship  I  know  not. 

Taken  vpon  oath  in  court  at  New  Hauen,  June  li'st  '61. 

Soe  attests  Wiiim  Leete,  Gouern^, 
June  li'st,  1661,  at  Newhauen. 

Philip  Leeke,  aged  about  fifty  yeares,  testifies  vpon  oath 
the  day  and  yeare  abouewritten,  before  me  Rob^  Treate  at 
New  Hauen,  as  followeth,  that  I  haue  heard  M^  John  Euance, 
marchant,  late  of  Newhauen,  say  that  he  had  sold  to  M^. 
Samuell  Vangoodenhouse  of  Newhauen  aforesayd,  one  quar- 
ter part  of  the  ship  Shusan  ;  and  moreouer,  I  haue  heard  the 
sayd  M^  John  Euance,  march*,  say  that  he  was  a  great  deale 
in  the  sayd  M^.  Vangoodenhouse  debt,  after  that  he  had  soe 
bought  the  part  of  the  sayd  ship,  and  to  my  best  remem- 
brance, I  the  sayd  deponent  haue  also  heard  M^  Euance  say 
that  he  sold  that  part  of  the  sayd  ship  for  threescore  pounds 
to  M.^.  Vangoodenhouse,  &  further  not. 

Robert  Treate. 

M".  Goodyeare  testifieth  that  shee  knowesthat  M^.  Samuell 
Vangoodenhouse  had  a  part  in  the  ship  called  the  Susan  be- 
fore he  bought  the  24*^  part  of  M^  Goodyeare,  which  alsoe 
shee  testifies  that  he  did  buy  of  him,  and  was  hers  before  shee 
married  M^.  Goodyeare,  and  further  she  sayth  not. 

Margret  Goodyeare. 

Taken  vpon  oath  this  3«i  of  June  1661,  before  me, 

Willm  Leete,  Gouern'". 
[291]  II  A  bill  of  debt  from  Isaacke  Allerton  sen""  vnto  Ed- 
ward Batter  of  Salem,  with  a  letter  of  atturnie  given  by  the 
aforesayd  Edward  Batter  to  Richard  Raymond  for  the  recou- 
ering  the  sayd  debt,  which  being  attested  was  by  this  court 
accepted  to  come  in  with  other  debts  vpon  Isaacke  Allerton 
sen  J"  his  estate. 

An  jnventory  of  the  estate  of  Willm  Chittenden  of  Guil- 
ford, deceased,  was  presented,  ainounting  to  677i',  16%  07*^,  as 
presented  &  prooued  in  court  at  Guilford  the  21*^  of  Febru- 
ary 1660,  vpon  oath  by  Joane  Chittenden,  the  widdow  &  relict 
of  the  sayd  Willm  Chittenden  deceased,  for  the  q\iantity,  and 

53 


418 


'RECORDS   OF  THE 


[1661 


by  the  testimony  of  Abraham  Crittenden  sen>",  John  Fowler 
&  Wiiim  Stone  apprisors,  for  the  valuation  to  be  just. 

Willm  Leete,  Gouern^ 
An  jnventory  of  the  estate  of  Thomas  Vffit  seni""  deceased, 
was  presented,  soe  much  of  it  as  remained  within  the  bounds 
of  Milford  and  Stratford,  amounting  to  2891',  12%  07^,  pre- 
sented in  court  at  Milford,  the  G'^i  of  Decern:  1660,  and  attested 
vpon  oath  by  Thomas  yffit  jun""  &  John  Vffitt,  that  this  is  a  true 
jnventory  of  the  wholle  estate  of  Thomas  Vffit,  deceased,  within 
those  limits  aforesayd,  to  the  best  of  their  knowledge,  &  that 
the  valuation  is  just,  testified  by  Alexander  Bryan  &  Thomas 
Wheeler,  to  the  best  of  there  light  to  that  part  of  the  estate 
about  Milford,  &  testified  by  John  Herd  and  Henry  Wakeling 
of  Stratford  that  the  valuation  of  that  part  of  the  estate 
about  Stratford  was  just,  to  the  best  of  there  light ;  this  was 
approoued  alsoe  in  court  at  Milford,  as  before,  testified  by, 

George  Clarke,  Secre: 


The  Gouernr, 
Deputy  Gouern'', 
Mr.  Ben:  Fenne, 
M"-.  Robt  Treate, 
M^  Jasper  Crane, 


[292]  Att  a  Generall  Court  held  att  New  Hauen  for 

THE  Jurisdiction,  August  li^^t  1661. 

Present, 

Deputies. 
John  Cooper, 
James  Bishop. 
Magistrates.      John  Fletcher, 
Thomas  Welch. 
Mr.  Robt  Kitchill, 
George  Hubbard. 
Richard  Law. 
Leiftennt  Swaine, 
Laurence  Ward. 

The  Gouern'"  informed  the  court  of  the  occasion  of  calling 
them  together  at  this  time,  &  among  the  rest  the  maine  thing 
insisted  vpon  was  to  consider  wliat  aplication  to  make  to  the 
king  in  the  case  we  now  stood,  being  like  to  be  rendered 
worse  to  the  king  then  the  other  colonies,  they  seeing  it  an 
incumbant  duty  soe  to  doe.     The  gouern''  informed  alsoe  the 


1661]  JUEISDICTION   OF  NEW   HAVEN.  419 

court  that  he  had  receiued  a  letter  from  the  counsell  in  y^ 
Bay,  which  was  read,*  wherein  was  intimated  of  sundry  com- 

*  Secretary  Eawson  to  Governor  Leete. 

Honoured  Sir,  The  council  of  our  jurisdiction  being  assembled  the  4ii'  iustan^at  Bos- 
ton, ordered  me  to  signify  to  you  what  lately  they  have  receaved  from  England  by 
Captain  Leverett  his  letter,  bearing  date  12th  Aprill,  1661,  who  tells  us  that  however 
our  addresse  to  his  majesty  came  seasonably  and  had  a  gracious  answer,  yett  many 
complaints  and  claims  are  muUiphed  against  us,  and  that  wee  are  like  to  heare  from 
his  majestys  committee  what  those  complaints  are,  and  what  is  expected  from  us ; 
that  an  oath  was  produced  against  him  for  saying  that  rather  then  wee  should  or  would 
admitt  of  appea'.es  here,  wee  would  or  should  sell  the  country  to  the  Spaniards ;  which 
though  he  absolutely  denyed  that  ever  he  so  said,  and  that  if  he  should  have  so  said 
he  had  wronged  the  country  very  much,  some  of  the  said  committee  said  the  words  if 
spoken  they  were  pardoned,  but  they  looked  at  the  words  not  so  much  his  as  the  spirit 
of  the  country,  and  tho'  againe  he  desired  that  the  country  might  not  suffer,  in  theire 
minds,  for  what  he  knew  was  so  much  and  so  farre  from  them,  as  to  thinke  ought  in 
any  such  respect,  yet  one  of  them  proceeded  to  question  him,  whether  if  wee  durst 
wee  would  not  cast  ofl"  our  allegiance  and  subjection  to  his  Majesty;  he  answered,  he 
did  apprehend  wee  were  honest  men  and  had  declared  in  our  application  to  his  majesty 
the  contrary,  and  therefore  could  not  have  such  thoughts  of  us  without  the  breach  of 
charity ;  that  it  is  no  lesse  than  necessary  we  had  some  able  person  to  appeare  for  us, 
well  fiirnished  to  carry  on  our  busines,  which  will  not  be  without  money;  that  the 
councill  for  plantations  demanded  of  him  whether  wee  had  proclaimed  the  King  and 
whether  there  was  not  much  opposition  to  the  agreeing  of  our  application.  He  an- 
swered he  knew  not,  only  had  heard  Capt.  Breaden  say  so,  but  humbly  submitted  to 
theire  consideration,  that  neither  wee  nor  any  other  were  to  be  concluded  by  debates 
but  by  our  conclusions,  which  were  sent  and  presented  to  his  Majesty  in  our  names. 
They  tooke  notice,  from  enquiry,  that  it  was  only  from  one  colony,  namely,  Massa- 
chusetts, and  have  theire  considerations  of  the  other  colonies  neglects,  to  speake  most 
favourably  thereof.  Thus  farr  as  to  the  letter.  Further  I  am  required  to  signify  to 
you  as  from  them,  that  the  non  attendance  with  dilligence  to  execute  the  kings 
majestj's  warrant  for  the  apprehending  of  Colonel  Whaley  and  Gofle  will  much  hazard 
the  present  state  of  these  colonies  and  your  owne  particularly,  if  not  some  of  your 
persons,  which  is  not  a  little  afflictive  to  them.  And  that  in  theire  understanding 
there  remaines  no  way  to  expiate  the  offence  and  preserve  yourselves  from  the  danger 
and  hazard  but  by  apprehending  the  said  persons,  who  as  wee  are  informed  are  yett 
remaining  in  the  colony  and  not  above  a  fortnight  since  were  seen  there,  all  which  will 
be  against  you.  Sir,  your  owne  welfare,  the  welflire  of  your  neighbours,  bespeake 
your  unwearied  paines  to  free  j'Ourselfe  and  neighbours.  I  shall  not  add,  having  so 
lately  by  a  few  lines  from  our  governour  and  myselfe  looking  much  this  way  com- 
municated our  sence  and  thoughts  of  your  and  our  troubles,  and  have  as  yett  received 
no  return,  but  commend  you  to  God  and  his  rich  grace,  for  your  guidance  and  direc- 
tion in  a  matter  of  such  moment,  as  his  Slajesty  may  receave  full  and  just  sattisfaction, 
the  mouths  of  all  opposers  stopped  and  the  profession  of  the  truth  that  is  in  you  and 
us  may  not  in  the  least  suffer  by  your  actings  is  the  prayer  of 

Sir,  your  assured  loving  friend, 

Boston,  4''>  July,  1661.  Edward  Rawson,  Secretary, 

In  the  name  and  by  order  of  the  councill. 

Sir,  Since  what  I  wrote,  news  and  certaine  intelligence  is  come  hither  of  the  two 
colonells  being  at  New  Haven  from  Saturday  to  Monday  and  publickly  knowne,  and 
however  it  is  given  out  that  they  came  to  surrender  themselves  and  pretended  by  Mr. 


420  RECORDS  OP  THE  [1661 

plaints  in  England  made  against  New  England,  and  that  the 
comittee  in  England  tooke  notice  of  the  neglect  of  the  other 
colonies  in  there  nonaplication  to  the  king. 

Now  the  court,  taking  the  matter  into  serious  consideration, 
after  much  debate  &  aduise,  concluded  that  this  writing  should 
be  sent  to  the  counsell  in  the  Bay,  the  coppie  whereof  is  as 
foUoweth, 
Honor d  Gent. 

Yours  dated  the  4*^  of  July  (61,)  w^^  a  postcript  of  the 
15'J%  we  receiued  July  30*^^,  which  was  comunicated  to  our 
gen'i  court  August  !'■«%  whoe  considered  what  you  please  to 
relate  of  those  complaints  made  against  New  England  &  of 
what  spirit  they  are  represented  to  bee  of,  vpon  occasion  of 
that  false  reporte  against  Capt.  Leueret,  who  we  beleeue  to 
haue  more  wisdome  &  honesty  then  soe  to  reporte,  and  we  are 
assured  that  New  England  is  not  of  that  spirit.  And  as  for 
the  other  colonies  neglect  in  non-aplication  with  yourselues  to 
his  majesty  the  last  yeare,  it  hath  not  bene  forborne  vpon  any 
such  account,  as  we  for  our  parts  pfesse,  and  beleeue  for  our 
neighbours,  but  only  in  such  new  &  vnaccustomed  matters 
wee  were  in  the  darke  to  hit  it  in  way  of  agreem*  as  to  a  forme 
satisfactory  that  might  be  acceptable ;  but  since  that  of  your 
colony  hath  come  to  our  veiw,  it  is  much  to  our  content,  and 
we  solemnely  pfesse  from  our  hearts  to  owne  and  say  the  same 
to  his  majesty,  and  doe  ingage  to  him  full  subjection  and  alle- 
giance with  yourselues  accordingly,  with  pfession  of  the  same 
ends   in  coming  with  like  permission  and  combineing  with 

Gilbert  that  he  looked  when  they  would  have  come  in  and  delivered  up  themselves, 
never  setting  a  guard  about  the  house  nor  endeavouring  to  secure  them,  but  when  it 
was  too  late  to  send  to  Totocut,  &c.  Sir,  how  this  will  be  taken  is  not  difficult  to 
imagine,  to  be  sure  not  well;  nay,  will  not  all  men  condemn  you  as  wanting  to  your- 
selves, and  that  you  have  something  to  rely  on,  at  least  that  you  hope  will  answer 
your  ends  ?  I  am  not  willing  to  meddle  with  your  hopes,  but  if  it  be  a  duty  to  obey 
such  lawful!  warrants,  as  I  believe  it  is,  the  neglect  thereof  will  prove  uncomfortable. 
Pardon  me,  sir,  its  my  desire  you  may  regaine  your  peace  (and  if  you  please  to  give 
mee  notice  when  you  will  send  the  two  colonells)  tho'  M^  Wood  Greene  is  bound 
hence  within  a  month,  yet  if  you  shall  give  me  assurance  of  theire  coming  I  shall  not 
only  endeavour  but  doe  hereby  engage  to^cause  his  stay  a  fortnight,  nay  3  weekes, 
rather  than  they  should  not  be  sent,  expecting  your  answer,  remaine. 

Sir,  your  assured  loving  friend  and  servant, 

Edward  Eawson. 
Hutch.  Coll.  338, 


1661]  JURISDICTION   OF  NEW   HAVEN.  421 

yourselues  &  the  other  neighbour  colonies,  as  by  the  preface 
of  our  articles  may  appeare ;  vpon  which  grounds  we  both  sup- 
plicate and  hope  to  find  a  like  ptection,  priuilidge,  iihunities 
&  fauours  from  his  royall  majestic.  And  as  for  that  you  note 
of  our  not  soe  dilligent  attendance  to  his  majesties  warrant, 
wee  haue  giuen  you  an  account  of  before,  that  it  was  not  done 
out  of  any  mind  to  slight  or  disowne  his  majesties  authourity, 
&c.  in  the  least,  nor  out  of  fauour  to  y''  Collonells,  nor  did  it 
hinder  the  efect  of  their  apprehending,  they  being  gone  before 
[293]  the  warrant  ||  came  into  our  colony,  as  is  since  fully 
prooued ;  but  only  there  was  a  gainesaying  of  the  gent:  earnests 
nes,  who  retarded  their  owne  busines  to  waite  vpon  ours 
w^hout  comission;  and  alsoe  out  of  scruple  of  conscience,  & 
feare  of  vnfaithfulnes  to  our  people,  (who  comitted  all  our 
authourity  to  vs  vnder  oath,)  by  owneing  a  generall  gouern"", 
vnto  whom  the  warrant  was  directed,  as  such  implicitly,  and 
that  vpon  misinformation  to  his  majestic  giuen,  though  other 
magistrates  were  mentioned,  yet  (as  some  thought)  it  was  in 
or  vnder  him,  which  ouersight  (if  soe  it  shalbe  apprehende) 
we  hope,  vpon  our  humble  acknowledgement,  his  majestic  will 
pardon,  as  alsoe  that  other  and  greater  bewayled  remissnes  in 
one,  in  not  secureing  them  till  we  came  &  knew  their  place, 
out  of  ouer-much  beleife  of  their  pretended  reality  to  resigne 
vp  themselues,  according  to  their  pmise  to  saue  the  country 
harmelesse,  which  fayleing  is  soe  much  the  more  lamented,  by 
how  much  the  more  we  had  vsed  all  dilligence  to  presse  for 
such  a  deliuery  vpon  some  of  those  that  had  shewed  them 
former  kindnesse,  as  had  bene  done  other  where,  when  as  none 
of  the  magistrates  could  otherwise  doe  any  thing  in  it,  they 
being  altogether  ignorant  where  they  were  or  how  to  come  att 
them,  nor  truely  doe  they  now,  nor  can  we  beleeue  that  they 
are  hid  any  where  in  this  colony,  since  that  departure  or 
defeatement.  But  howeuer  the  consequence  prone,  we  must 
wholly  rely  on  the  mercy  of  God  &  the  khig,  with  pmise  to 
doe  our  endeauour  to  regaine  them  if  opportunity  seme. 
Wherefore,  in  this  our  great  distresse  wee  earnestly  desire 
your  ayd  to  present  vs  to  his  majestic  in  our  cordiall  owneing 
and  complieing  with  your  addresse,  as  if  it  had  bene  done  & 
sayd  by  our  very  selues,  whoe  had  begun  to  draw  vp  something 


422  RECORDS   OF   THE  [1661 

that  way,  but  were  disheartened  through  sence  of  feeblenes  & 
incapacity  to  pcure  a  meete  agent  to  present  it  in  our  disad- 
uantaged  state,  by  these  puidences  occurring;  hopeing  you 
will  fauour  vs  in  this  latter  and  better  pleasing  maner  of  doe- 
ing,  which  wee  shall  take  thankfully  from  you,  and  be  willing 
to  joine  in  the  pportionate  share  of  charge  for  a  comon  agent 
to  solicite  New  Englands  affaires  in  England,  which  wee 
thinke  necessary  to  pcure  the  benefit  of  all  acts  of  indemnity, 
grace  or  fauour,  on  all  our  behalfes,  as  well  as  in  other  respects 
to  preuent  the  mischeifes  of  such  as  maligne  and  seeke  to  mis- 
informe  against  vs,  of  which  sort  there  be  many  to  complott 
now  a  dayes  with  great  sedulity.  If  you  shall  desert  vs  in  this 
afliction  to  present  vs  as  before,  by  the  transcript  of  this  our 
letter  or  otherwise,  together  with  the  petition  and  acknowledge- 
ment herewithall  sent,  we  shall  yet  looke  vp  to  our  God,  that 
deliuerance  may  arise  another  way,  resting. 

George  Hubbard  and  John  Cooper  was  chosen  and  appointed 
by  the  court  to  goe  as  messengers  vnto  the  Massachusets  with 
this  writing,  to  see  what  would  be  done  in  the  case.* 


[294]    Att  a  Gen"  Court   held  at  New  Hauen  for  the 
Jurisdiction,  August  21th  1661. 
Present,  Deputies. 

The  Gouerns  joh^^  Cooper, 

Deputy  Gouern'',  James  Bishop. 

John  Fletcher, 
Mr.  Ben:  Fenne,     )  Thomas  Welch. 

M^  Robt  Treate,    S  Magistrates.      M^  Rob*  Kitchell, 
M"".  Jasper  Crane,  )  John  Fowler. 

Leiftenn*  Swaine, 
Laurence  Ward. 

The  Gouern'^  ppounded  to  the  court  concerning  pclaimeing 

*  Governor  Leete  seems  about  this  time  to  have  been  apprehensive  of  personal  dan- 
ger on  account  of  his  remissness  in  executingythe  king's  warrant,  and  not  long  after 
visited  Boston  and  conferred  with  Rev.  John  Norton,  who,  in  his  behalf,  wrote,  Sept. 
23,  1661,  to  Richard  Baxter,  one  of  the  king's  chaplains.  The  letter  may  be  seen  in 
the  Life  of  Baxter,  fol.  Lond.  1696.  p.  291.  Mr.  Davenport  also  in  defence  of  himself 
as  well  as  of  the  governor  and  magistrates,  wrote  Aug.  19, 1661,  to  Sir  Thomas  Tem- 
ple, a  letter  which  is  in  3d  Mass.  Hist.  Coll.  viii.  327. 


1661]  JUEISDICTION  OP  NEW  HAYEN.  423 

the  King  in  this  colony,  seeing  now  the  Bay  had  done  it  already.* 
The  gouern""  alsoe  informed  them  that  he  had  receiued  a  letter 
from  Ml".  Norton,  wherein  he  intimates  concerning  Capt.  Leu- 
erets  aprehensions  concerning  the  state  of  New  England,  and 
the  gouerni"  further  said  he  looked  we  had  done  more  already, 
and  that  this  was  only  a  formality. 

The  thing  being  debated  and  considered,  it  was  voted  and 
concluded  as  an  act  of  the  gen'i  court  that  it  should  be  done. 
And  for  the  time  of  doeing  it,  it  was  concluded  to  be  done  the 
next  morning  at  nine  of  the  clocke,  and  the  military  company 
was  desired  to  come  to  the  solemnizing  of  it.  And  the  forme 
of  the  pclamation  is  as  followeth. 

Although  we  haue  not  receiued  any  forme  of  pclamation  by 
order  from  his  Majestic  or  Counsell  of  State,  for  the  pclaiming 
his  Majestic  in  this  Colony,  yet  the  Court  taking  jncourage- 
ment  from  what  hath  bene  in  the  rest  of  the  Vnited  Colonies, 
hath  thought  fitt  to  declare  publiquely  and  pclaime,  that  we 
doe  acknowledge  his  Royall  Highnes,  Charls  the  Second,  King 
of  England,  Scotland,  France  and  Ireland,  to  bee  our  Soue- 
raigne  Lord  and  King,  and  that  wee  doe  acknowledge  ourselues 
the  jnhabitants  of  this  Colony  to  be  his  Majesties  loyall  and 
faithfuU  subjects.  God  saue  the  King. 


Att  a  Court  of  Magistrates  held  att  New  Haven  Octob. 
16ti',  1661. 

Present,  the  Gouern'',  Deputy  Gouerni",  M^  Fenn,  M"". 
Treate  and  M''.  Crane. 

Samuell  Plumb  of  Brandford,  plaint',  entered  an  action  of 
the  case  against  widdow  Pennington  of  New  Hauen,  defends 

The  plaint'  informed  the  court  that  the  defendt  had  tooke 
vp  a  heifer,  (which  was  tooke  vp  att  Milford  before  for  a 
stray,)  and  that  shee  had  killed  it  contrary  to  order,  which  he 
apprehended  might  be  his,  he  haueing  such  a  one  of  such  an 
age  as  he  sayd  wintered  at  Conecticutt,  which  went  out  from 
thence  and  he  could  neuer  lieare  of  againe.     The  gouern'" 

*  August  7tli,  1661,  they  had  however  agreed  upon  an  address  to  the  king  Decem- 
ber 19, 1660.    Mass.  Eec. 


424  RECORDS  OP  THE  [1661 

asked  him  if  he  could  prooue  that  he  had  such  a  heifer  at  such 
a  time;  plaint'  answered  y'  he  had  witnesses  att  home.  It 
was  sayd  Thomas  Welch  of  Milford  witnessed  against  widdow 
[295]  Penningtons  carriage  in  this  busines,  ||  as  doeing  it  dis- 
orderly, in  not  sueing  out  her  right  at  Milford  before  shee  killed 
her.  Shee  answered  that  M'".  Gilbert  bid  her  satisfy  att  Mil- 
ford, which  shee  ap^'hended  that  if  shee  satisfied  Thomas 
Welch  for  his  charge  and  trouble  it  had  bene  enough,  but 
shee  being  a  poore  widdow,  and  not  vnderstanding  things, 
desired  to  submitt  to  the  will  of  God  and  the  court  in  this 
matter ;  there  was  Richard  Johnson  and  John  Ailing  appeared 
to  make  proofe  that  it  was  her  heifer.  The  plaint'  haueing 
not  wittnesses  here,  withdrew  his  action  till  the  court  of  magis- 
trates in  May  next. 

Deacon  Guii  of  Milford  ppounded  in  the  behalfe  of  M'^^. 
Prudden,  that  the  liberty  graunted  by  the  court  of  magistrates 
in  May  last  of  the  review  of  the  action  about  the  horse  till  this 
court,  that  it  might  be  extended  vnto  the  court  of  magistrates 
in  May  next,  shee  being  not  puided  of  witnesses  at  present, 
they  being  at  a  great  distance.  It  was  demaunded  of  him  by 
the  court  what  meanes  she  had  vsed  to  puide  herselfe,  but 
Deacon  Gun  could  not  say  much  to  it. 

The  Court  thought  it  meete  that  M^  John  Davenporte, 
jun"",  should  haue  notice  of  this  motion,  and  the  marshall  was 
sent  to  know  his  mind,  but  he  being  not  then  at  home  brought 
this  answer  afterwards  as  followeth,  viz:,  that  he  thought  they 
had  had  time  sufficent  already,  and  therefore  were  not  willing 
to  giue  any  further  time.  But  the  court  considering  that  the 
law  for  pbable  right,  vpon  which  he  had  the  horse,  would  allow 
it,  the  court  therefore  thought  it  just  that  there  should  be 
time  of  liberty  giuen  to  her  for  a  review  of  the  action,  or  to 
any  other  that  shall  appeare  to  lay  a  better  claime  to  the  horse 
then  yet  hath  bene,  vntill  the  court  of  magistrates  in  May 
next. 

Deacon  George  Clarke  of  MUford,  plaint',  haueing  entred 
an  action  of  the  case  for  a  house  and  goods,  to  the  value  of 
331 ',  burnt  at  Milford,  against  John  Baldwin  of  Milford 
defendt,  in  May  last,  he,  being  not  then  prepared,  w'^^^drew  his 
action  by  agreement  vntill  this  court,  whoe  now  appeared  to 


1661]  JURISDICTION   OP   NEW    HAVEN.  425 

psecute  it  against  the  defendt,  but  the  defendt  apeared  with- 
out his  witnesses  and  pleaded  that  the  plaint'  was  to  set  him 
and  his  witnesses  at  this  court  at  his  owne  charge  &  trouble  as 
they  was  then. 

The  Gouern'"  asked  John  Baldwin  if  he  could  proue  that 
agreement ;  John  Baldwin  answered  that  there  was  something 
done  to  that  purpose  by  the  plaint'  in  that  he  desired  to  sumon 
him  to  this  court,  but  the  plaint'  answered  that  he  did  it  not, 
and  Mt".  Fenn  cleared  it  that  it  was  Deacon  Clarkes  son  that 
came  to  him  to  desire  a  warrant  of  him  for  John  Baldwin, 
heareing  that  he  would  not  apeare  at  this  court;  but  after 
much  debate  and  noe  such  agreement  prooued  by  the  defendt, 
the  court  saw  cause  to  bind  ouer  y^  defendt  to  answer  the 
plaint'  and  to  bring  his  witnesses  in  May  next  at  the  court  of 
magistrates,  except  they  did  agree  it  betweene  themselues 
before,  which  the  court  rather  desired. 

[296]  II  Deacon  Pecke  came  and  ppounded  to  the  court  that 
sometime  since  he  had  put  in  security  to  the  deputy  gouern'' 
for  the  appearance  of  his  sonne  Samuell  Andrewes,  he  thought 
the  court  would  haue  called  him  to  answer,  he  knew  noe  rea- 
son why  he  should  stand  for  the  thing  being  long  since  he 
desired  the  court  to  consider  it.  M^.  Treate  sayd  to  the 
gouern""  that  it  was  he  that  had  done  it  and  he  might  release 
it,  but  nothing  was  done  at  that  time.  Afterwards  Deacon 
Pecke  came  and  presented  his  son  Andrewes  to  the  court 
according  to  his  security,  and  desired  them  to  free  him.  M'". 
Fen  and  M"".  Treate  answered  that  they  looked  vpon  him  free. 
The  gouernr  answered  that  he  did  not  know  but  he  was,  and 
he  sayd  he  thought  they  might  leaue  it  soe,  and  he  sayd  he 
thought  Deacon  Peckes  plea  was  good  enough.  M'".  Treate 
sayd  he  thought  he  had  fully  discharged  his  duty. 

Tlie  Court  appointed  the  sixt  day  of  Novemb  next  to  be  a 
day  of  solem  thanksgiueing  through  the  jurisdiction  for  the 
mercies  of  the  yeare  past. 

Mary  Andrewes,  wife  of  W'"  Andrewes  jun'",  came  vnto  y^ 

court  and  desired  to  be  freed  from  her  husband,  hearing  that 

he  was  married  to  another  woman;  for  proofe  whereof  she 

presented,  first  a  lett^  from  M^  Nathaniell  Whitfield  in  Eng- 

64 


426  RECORDS   OF  THE  [1661 

land,  and  from  Richard  Miles  jun"^  out  of  Barbadoes,  both 
which  was  read,  but  the  letf  of  Rich:  Miles  being  torne,  the 
court  desired  her  to  call  Richard  Miles,  that  they  might  heare 
what  he  could  say  himselfe  in  the  case,  whoe  came  and 
expressed  what  he  had  writt  in  the  lett^  The  gouernJ"  asked 
her  if  shee  would  try  any  further  meanes,  shee  answered  shee 
would  leaue  it  to  the  court. 

Richard  Miles  junr  was  called  to  speake  what  he  could  say 
in  the  case  vpon  oath,  whoe  testified  as  followeth,  I  Richard 
Miles  jun""  att  New  Hauen  in  New  England,  being  in  Barba- 
does in  Septemb  in  the  yeafe  of  our  Lord  1660,  saw  W'" 
Andrewes  whoe  belonged  to  a  small  vessell  called  the  Charls, 
the  master  of  which  his  name  was  Rob'  Guardus,  whoe 
informed  me  that  W"'  Andrewes  was  married  to  one  Joane 
King,  a  Cornish  woman  that  lined  then  in  Kings  Sale  in  Ire- 
land. I  asked  him  the  certainty  of  the  thing,  who  told  mee  I 
might  very  well  beleeue  it,  for  he  was  his  neare  neighbour ; 
wherevpon  I  desired  to  speake  with  W'"  Andrewes,  which 
after  some  discourse  I  told  him  what  the  reports  was  that  was 
reported  of  him  in  New  England  that  he  was  married  to  one 
in  Ireland,  and  that  M"".  Nathaniel  Whitfield  had  writt  ouer  to 
New  England  in  a  letf  that  he  heard  it  was  soe,  vpon  which  I 
desired  W*"  Andrewes  to  deale  plainely  with  mee,  but  he  at 
first  denied  it,  till  I  told  him  the  master  testified  it  that  it  was 
soe  and  that  he  was  his  neare  neighbour,  and  I  told  him  that 
the  master  told  mee  her  name,  vpon  which  he  was  much 
amazed  and  I  could  scarce  get  a  word  of  him,  but  after  I 
pressed  it  much  vpon  him,  he  owned  it  that  he  was  married 
to  one  in  Ireland,  and  sayd  that  he  was  an  vndone  man. 

This  testimony  was  giuen  in  vpon  oath  before  the  court. 

Together  with  this  the  letf  of  M^.  Natha:  Whitfield,  which 
Richard  Miles  speakes  of,  was  presented  and  read  before  the 
court  which  was  as  he  testified,  together  with  his  long  absent- 
ing himselfe  from  his  wife  in  New  England,  about  eight  or 
[297]  nine  yeares,  ||  notwithstanding  by  Rich:  Miles  and  sun- 
dry opportunities  formerly  he  Had  of  returning  backe  to  her, 
but  he  neuer  attended  any  to  this  day.  Thomas  Kemberly 
sen""  alsoe  informed  the  court  that  his  soiie  wrote  from  Vir- 


1661]  JURISDICTION   OF   NEW   HAVEN.  427 

ginia  that  he  being  in  Bristow  heard  that  W'"  Andrewes  was 
married  in  Ireland,  and  that  he  wrote  to  him  that  his  wife 
was  aliiie  in  New  England. 

The  Court  considering  the  case  and  the  euidences  presented, 
with  the  long  time  of  absence  of  W'"  Andrewes  from  his  wife 
being  fully  cleared,  did  see  noe  cause  to  keepe  Mary  Andrewes 
in  bonds  to  such  a  man,  but  did  by  way  of  sentence  declare 
her  to  be  diuorced  from  him  and  that  shee  was  fully  at  liberty 
to  marry  Avith  another  without  offence. 

John  Fletcher  of  Milford  appeared  before  y^  court  and 
desired  that  these  three  oathes  followeing  might  be  ratified 
before  the  court  &  confirmed  by  them  in  as  full  &  authenticke 
maner  as  they  could,  which  the  court  graunted,  &  he  further 
desired  that  they  might  be  recorded,  which  is  as  followeth. 

Know  all  men  whom  it  may  concerne  y*  I,  John  Fletcher, 
of  Milford,  in  ye  colony  of  New  Hauen  in  New  England,  aged 
about  fifty  nine  yeares,  doe  vpon  my  certaine  knowledge  testify 
vpon  oath,  that  when  as  I  dwelt  in  England,  neare  to  one 
Henry  Bacon  &  William  Bacon,  brother  to  y^  sayd  Henry 
Bacon,  and  I  neuer  heard  or  knew  any  more  of  them  y'  were 
their  owne  brethren  by  the  fathers  side,  and  they  dwelt  when 
I  first  knew  them,  in  Stretton,  in  the  county  of  Rutland, 
within  ye  realme  of  England,  &  afterwards  I  knew  Henry 
Bacon  when  he  was  remoued  to  Clipsam  in  y^  same  countye 
of  Rutland  aforesayd ;  and  I  doe  testifye  y*^  I  knew  the  sayd 
Henry  Bacon  brother  to  the  sayd  Wilim  Bacon  had  one  only 
sone,  called  Thomas  Bacon,  well  knowne  to  mee  for  ye  space 
of  six  or  seuen  yeares,  and  I  haue  heard  it  reported  that  he 
went  to  Hue  at  ye  Barbadoes  &  there  died ;  and  further  I  the 
abouesayd  John  Fletcher  doe  testify,  y'  I  doe  well  know  y*  ye 
abouesayd  Wilim  Bacon,  brother  to  ye  sayd  Henry  Bacon,  had 
a  sone  called  Nathaniell  Bacon,  whoe  was  his  eldest  sone, 
whoe  now  liueth  in  New  England  and  was  p'"sent  at  my  testi- 
fieing  hereof,  and  further  sayth  not. 

Witnes,  John  Fletcher. 

Know  all  men  whom  it  may  concerne  y*  I,  Mary  Fletcher, 
of  Milford,  in  ye  colony  of  New  Hauen  in  Newengland,  aged 
about  fifty  foure  yeares,  doe  vpon  my  certaine  knowledge  tes- 
tify vpon  oath,  y'  when  I  was  in  England,  dwelling  at  Stret- 
ton in  ye  county  of  Rutland  where  one  Henry  Bacon  &  Wilim 
Bacon,  brother  to  ye  sayd  Henry  Bacon,  dwelt,  and  I  knew 
nor  heard  of  any  other  but  these  two  brothers  by  the  fathers 


428  RECORDS  OF   THE  [1661 

side,  and  I  lined  at  the  sayd  Stretton  for  the  space  of  ten 
yeares,  in  which  time  the  sayd  Henry  Bacon  remoned  his 
dwelling  to  Clipsam  in  y^  county  of  Rutland  aforesayd  within 
y''  realme  of  England ;  and  I  doe  further  testify  that  the  sayd 
Henry  Bacon  had  one  only  sone  named  Thomas  Bacon,  which 
I  knew  from  a  child,  and  I  heard  y'  he  went  to  the  Barbadoes 
and  died  there,  and  I,  the  sayd  Mary  Fletcher,  doe  further 
testify  yt  I  well  knew  Willm  Bacon,  brother  to  Henry  Bacon 
aforesayd,  whose  eldest  sonne  Nathaniell  Bacon  I  well  knew 
from  a  child,  whoe  is  now  liueing  in  New  England  and  present 
at  my  testifieing  hereof,  and  further  not. 

Witnes  the  marke  of  Mary  Fletcher. 
Know  all  men  whom  it  may  concerne,  y*  I,  John  Ward,  of 
Brandford  in  ye  colony  of  Newhauen  in  New  England,  and 
aged  about  thirty  six  yeares,  doe  declare  &  vpon  my  knowledge 
[298]  testify  ||  on  oath,  that  I  well  knew  for  y''  space  of  six 
or  seuen  yeares  one  Henry  Bacon,  of  Clipsam  in  y^  county  of 
Rutland,  within  y^  realme  of  England,  &  one  Wiilm  Bacon, 
brother  to  y^  sayd  Henry  Bacon  in  the  same  county  of  Rut- 
land abouesayd,  and  I  neuer  knew  or  heard  of  any  brother  or 
brethren  more  y'  they  had  by  y^  fathers  side ;  and  I  doe  further 
testify  y*  I  well  knew  Thomas  Bacon,  sonne  of  Henry  Bacon 
&  nephew  to  the  sayd  Wiiim  Bacon,  and  I  neuer  knew  or 
heard  y*  the  sayd  Henry  Bacon  had  any  other  child  but  only 
the  sayd  Thomas  Bacon,  whoe  as  I  haue  heard  went  to  the 
Barbadoes  &  died  there ;  and  further  I  the  sayd  John  Ward 
vpon  certaine  knowledge  doe  testify,  y'  I  well  knew  Nathaniell 
Bacon  to  be  the  eldest  sone  of  Willm  Bacon,  brother  to  the 
sayd  Henry  Bacon,  and  the  sayd  Nathaniell  Bacon  is  now 
liueing  in  New  England  &  was  p^sent  at  my  attesting  hereoff, 
and  further  sayth  not.  Witnes,  John  Ward. 

This  is  a  true  record  of  the  originall  ^  James  Bishop,  Secret'. 

These  three  foregoeing  depositions  was  taken  vpon  oath,  in 
p^'sence  of  the  court  of  magistrates  held  att  New  Haue  Oc'b: 
17*^^,  1661,  which  persons  are  knowne  to  be  of  good  report. 

Subscribed  by  me,  James  Bishop,  Secretary  for  y^  jurisdic- 
tio,  and  sealed  with  ye  colony  scale  by  order  of  y«=  court  of 
magistrates. 


1662]  JURISDICTION   OP  NEW   HAVEN.  429 


Att  a  GenII  Court  held  att  New  Hauen  for  the  Juris- 
diction, May  7^11,  1662.   • 
Present. 
The  Gouern'",  Deputies  for 

The  Deputy  GouernS  John  Cooper,    |  Newhauen. 

Mr.  Ben:  Fenne,     )  ..      .        Jaines  Bishop.  S 

Z-  Y"  "^T"'      '»"-•'     Thomas  Welch,  j  ^,^,^^.^ 
Mr.  Jasper  Crane,  )  Kicha:  Baldwni.  ) 

Mr.  Robt  Kitchell,  )  Q^^^^fQ^^j 
George  Hubbard.    \ 

Richard  Law,  Jo,  ^  i 
T  TT(  •  T>  n  ^  otamiord. 
L:  Francis  Bell,  ] 

Leiftniit  Swaine,  /  -n       m'    a 
T  TTT     iM  Brandford. 

Laurence  Ward.  \ 

The  Court  being  come  together  to  consider  of  the  affayres  of 
the  jurisdiction  and  how  matters  might  be  carried  on  in  refer- 
ence to  the  election  for  the  yearc  followeing,  vnderstanding 
that  there  was  a  great  discouragment  vpon  the  spirits  of  those 
that  were  now  in  place  of  magistracy,  and  alsoe  to  consider 
about  Mr.  Rossiter  and  his  sonne,  that  was  now  vnder  the 
custody  of  the  marshall,  but  the  court  vnderstanding  that 
sundry  persons  of  Guilford  was  then  in  towne  whoe  had  sub- 
scribed too  some  offensiue  papers  which  was  before  sent  to  the 
court,  &  some  of  them  spread  abroad  to  the  disturbance  of  the 
peace  of  this  jurisdiction,  therefore  the  court  thought  meete, 
(before  they  pceeded  in  any  other  matters,)  to  call  these  per- 
sons vpon  particular  examination,  but  vnderstanding  that 
[299]  II  Francis  Browne  &  his  sone  was  bound  ouer  (to 
answer  for  some  contemptuous  carriages  to  authority  in  New 
Hauen,*)  to  y^  court  of  magistrates  when  they  should  call 

*  John  Browne  had  been  bronght  before  the  deputy  governor,  October  21,  1661,  and 
charged  with  having  been  intoxicated,  which  he  denied.  During  his  examination  his 
father,  Francis  Browne,  coming  in,  "  discovered  great  distemper  of  spirit,"  and 
"  uttered  many  contemptuous  &  reproaclifull  speeches  against  authority,"  asliing 
"by  what  autliority  his  sonn  was  called  thither,  he  knew  no  authority  they  had  since 
the  king  was  proclaimed,  nor  would  he  obey  any  lawes  vntill  they  came  thence,  & 
others  were  of  the  same  minde."  Finally  he  and  his  son,  who  demanded  of  the  deputy 
governor  whether  he  had  his  authority  from  Charles  the  second,  were  committed  to 
prison,  though  order  was  afterwards  given  that,  considering  his  age  and  infirmity, 
Francis  Browne  should  have  liberty  to  lodge  at  the  marshaUs  house,  which  he  refused 
to  accept  of,  because  his  son  had  not  the  same  favor.    N.  H,  Town  Eec.  ii.  351. 


430  RECORDS  OP  THE  [1662 

them  &  hopeing  he  might  giiie  a  good  example  to  any  that 
after  should  be  called  in  a  full  acknowledgment  of  his  euill, 
did  first  call  for  him  &  his  soile,  whoe  being  called,  the  writing 
of  their  ofFensiue  carriages  was  read  before  them,  to  which 
Francis  Browne  answered  that  he  was  sorry  w^'»  all  his  heart 
that  euer  he  should  say  or  doe  any  thing  against  the  authour- 
ity,  &  did  fully  owne  all  that  be  had  sayd  &  was  heartily  sorry 
that  he  should  be  any  discouragement  to  any  whom  God  should 
rayse  vp  amongst  vs,  or  that  he  should  be  any  leading  exam- 
ple in  euill  to  his  sone;  he  was  asked  if  he  had  any  further  to 
inlarge  in  sight  of  his  euill,  but  in  debate  of  the  matter  the 
spirit  of  Francis  Browne  seemed  to  be  out  of  frame  &  vttered 
some  expressions  about  his  imprisonment  which  was  offensiue 
to  the  court,  which  they  witnessed  against  &  respited  the  mat- 
ter to  further  hearing;  but  after,  Francis  Browne  acknowl- 
edged his  euill,  &  sayd  that  it  neuer  entred  into  his  heart  to 
alter  this  way  of  gouernement  to  haue  it  out  of  the  hands  of 
those  that  are  members  of  churches,  &  did  acknowledge  the 
pride  of  his  spirit  which  appeared  in  his  first  appearing,  & 
shewed  his  sorrow  for  the  same,  &  sayd  he  neuer  intended  to 
lay  any  blame  vpon  any  &  soe  left  himselfe  with  the  court. 

John  Browne  alsoe  did  desire  to  acknowledge  his  euill,  and 
did  confesse  that  he  was  heartily  sorry  for  his  sin  in  this 
busines,  &  acknowledged  the  breach  of  the  5^^  comandm*,  & 
that  he  neuer  intended  any  thing  against  the  fundam'talls,  but 
that  he  spake  in  a  sinful!  passion  when  he  sayd  Haue  you 
your  authourity  from  Charls  the  Second. 

The  testimony  of  Jn°  Tod  &  Nathaniell  How  was  read, 
of  some  sinfull  &  wicked  expressions  which  John  Browne 
expressed,  and  John  Browne  owned  the  euill  of  them  as  they 
was  prooued,  but  could  not  remember  he  sayd  soe,  as  he 
declared. 

The  Court  heareing  what  was  sayd  by  them,  did  pceede  to 
sentence,  &  first  to  John  Browne  in  particular,  &  did  sharply 
witnes  against  his  euill,  &  told  him  that  this  did  occasion  them 
to  lay  a  bond  of  201'  vpon  him  that  he  attend  his  oath  of  fidel- 
ity, &  this  to  continue  the  courts  pleasure. 


1662]  JURISDICTION   OF  NEW   HAVEN.  431 

Francis  Browne,  his  father,  answered  that  the  thing  the 
court  had  done  was  good. 

And  for  the  case  of  them  both,  the  court  declared  that  in 
respect  of  y^  height  of  their  miscarriages,  though  they  accepted 
their  acknowledgment,  yet  in  respect  of  charges,  they  layd  a 
fine  of  forty  shillings  to  be  payd  by  them  both  equally  to  the 
jurisdiction. 

[300]  II  The  Court  now  pceeded  to  the  examination  of  some 
of  Guilford,  and  first  Thomas  Stephens  was  called,  (he  haue- 
ing  deliuered  in  the  writings  to  y*'  gouernr,)  &  asked  if  he 
owned  his  hand  y^^  was  in  two  of  y^  writings,  to  which  he 
answered  y'  h  did,  &  being  further  questioned  whether  he 
was  the  contriuer  of  y^  first  writing  &  did  owne  the  sence  of 
it ;  but  before  he  would  giue  answer  he  desired  to  speake  with 
the  gouern"^  alone,  which  was  graunted  him,  &  the  gouern"" 
coming  in  agaiue  informed  the  court  y^  Thomas  Stephens  his 
end  of  speaking  with  him  was  to  mind  him  what  was  in  y^ 
pi'face  of  y  first  writing;  the  gouern^  told  them  he  had 
acknowledged  what  incouragemt  he  had  giuen  them  in  ye 
pi'sence  of  M"".  James  Fitch,  it  being  there  ppounded  to  him 
as  if  they  had  bene  denyed  of  those  priuilidges  which  the 
fundamental!  law  did  allow  them,  the  gouern''  answered  he 
thought  they  was  not,  &  that  he  had  practised  as  liberally 
as  others  towards  them  in  y''  respect,  but  M"^.  Rossif  offring 
to  enter  into  debate  about  y^  matter,  the  gouern""  answered 
that  he  was  not  willing  to  enter  into  reasoning  with  them  to 
giue  his  single  judgement  in  y^  case,  but  if  they  would  in  a 
loueing  &  peaceable  way  pi" sent  to  y^  court  what  they  had 
to  ppound  in  it,  they  should  be  heard,  &  he  would  further 
them  in  it  y*  they  should  haue  j^  which  y^  law  did  allow  them, 
to  which  M'".  Fitch  sayd  y*^  it  was  all  yt  y^  gouernr  could  doe, 
&  they  seemed  to  be  satisfied.  This  being  declared,  they 
pceeded  to  question  whether  he  contriued  ye  writing,  to  which 
he  answered  y*  he  did  not  write  it  liimselfe,but  did  desire  M^ 
Rossitr  iQ  clraw  it  into  forme,  which  was  grieuance  to  him. 
It  was  demanded  of  him  if  yt  was  the  issue  of  y'  meeting  in 
which  M^  Fitch  was  p'sent,  hee  answered  y*  though  all  theire 
grieuances  was  not  then  spoken  of,  yet  he  did  not  know  any 


432  RECORDS   OF  THE  [1662 

thing  in  y^  writing  but  y*  which  was  theire  grienance.  It 
being  furtlier  demanded  of  him  whether  he  owned  the  wholle 
or  in  part  ?  he  answered,  yt  he  intended  nothing  but  y*^  which 
was  his  grieuance,  but  did  acknowledge  y*  by  his  subscriptions 
he  did  patronize  both  the  writings.  It  being  demanded  of 
him  whether  there  was  any  thing  in  it  y'  he  did  not  detract  or 
recant,  or  yt  he  did  still  owne  it,  but  he  stood  still  to  justifie 
himselfe ;  then  y«  first  writing  was  read  to  him  which  consisted 
of  seuerall  heads,  but  he  stood  much  in  his  owne  justification, 
but  being  put  vpon  glueing  his  reasons,  as  is  p^tended  in  y*' 
writing  they  was  ready  to  doe,  he  euaded,  &  desired  time 
according  to  law  to  giue  answ  &  consider  of  it,  but  after 
acknowledged  y*^  he  with  some  others  did  question  with  him 
yt  wrote  it  whether  there  was  not  something  in  it  which  they 
did  not  vnderstand ;  it  was  told  him  that  then  he  subscribed 
to  y"^  which  was  beyoiid  his  compasse,  he  answered  y*  M"". 
Rossiter  sayd  he  would  vndertake  to  make  it  out ;  it  was  fur- 
ther replied  vnto  him,  to  shew  him  his  euill,  yt  he  that  was 
sworne  to  p^serue  &  maintaine  y^  bono''  of  y''  authority  setled 
here,  should  doe  &  carry  it  in  such  a  manor  as  is  here 
expressed ;  ho  still  answered  that  his  intent  was  onely  to  haue 
his  grieuances  written,  then  after  many  turnes  of  speech  & 
reitterations,  it  was  put  to  him  about  y«=  manor  of  sending  the 
first  writing  abroad,  whether  it  was  sutable  to  his  oath ;  he 
answered  yt  it  was  not  done  by  his  consent,  &  it  troubled  him 
when  he  heard  it  was  done,  for  he  feared  it  would  be  offensiue, 
but  for  his  owne  part  he  intended  only  to  haue  it  p'"sented  to 
ye  court  &  to  haue  an  answer  of  it.  Then  ye  second  paper 
being  read,  it  was  asked  him  how  he  could  doe  it,  as  if  he 
[301]  would  haue  them  destroyed ;  ||  he  answered  that  it  was 
far  from  his  thoughts  or  desires.  It  was  further  demanded 
whether  they  was  all  together  when  it  was  subscribed  it,  he 
answered  he  knew  not,  but  when  he  heard  it  was  prepared  he 
went  to  M"".  Rossiters,  &  he  thinkes  there  was  three  or  four 
there  p^'sent;  but  being  asked  if  they  desired  M"".  Rossif  to 
draw  vp  y^  second  writing,  he  answered  y^  after  they  heard  y^ 
court  had  y®  first  paper  &  but  part  of  it,  &  the  principle  thing 
left  out,  they  considered  whether  it  was  not  there  way  to 


1662]  JURISDICTION   OF   NEW   HAVEN.  433 

p'^sent  yt  which  they  had  prepared,  &  some  suggested  whether 
they  should  not  adde  something  to  j^  former,  but  he  being 
asked  whoe  it  was,  answered  he  knew  not,  nor  could  sware  y*^ 
M"".  Rossitr  writt  it,  but  for  his  part  he  neither  writ  it  nor  was 
p'"sent  when  it  was  writ. 

Then  they  asked  him  about  j^  ptest,  whether  it  was  done  in 
his  name,  being  subscribed  in  y^  name  of  seuerall  psons  & 
many  families  in  Guilford  ?  he  answered  that  he  should  giue 
noe  answer  to  it  &  sayd  he  was  not  bound  to  acciise  himselfe. 

But  Thomas  Stephens  being  after  accused  by  Richard  Hub- 
ball,  as  one  y*^  drew  him  into  this  busines,  did  confesse  yt  he 
now  sees  y*  he  had  done  y'  which  he  ought  not  to  haue  done, 
nor  should  haue  done  it  if  hee  had  considered  it,  &  yt  he  was 
sorry  for  it,  &  desired  to  haue  it  passed  by,  &  confest  y*  he  had 
grieued  y^  spirits  of  those  among  whom  he  lines.  It  being 
demanded,  (yt  seeing  he  was  looked  vpon  as  one  of  ye  heads 
in  this  matter,)  whether  he  would  relinquish  these  things  ?  he 
answered  y^  soe  farre  as  they  were  any  blemish  to  y^  court  or 
any  member  of  it  he  did. 

Richard  Hubball  called  for  examination,  was  told  by  ye 
govern'"  yt  it  was  y^  courts  pleasure  to  haue  those  called  whose 
names  was  subscribed,  &  therefore  desired  to  know  whether 
he  owned  these  subscriptions?  he  euading  a  plaine  answer, 
not  being  able  to  write  himselfe,  but  being  asked  whether  it 
was  not  with  his  consent?  he  answered  y'  there  was  such  a 
paper  shewed  to  him  &  hee  asked  if  they  should  set  his  hand 
to  it,  to  which  he  answered  if  they  would  tliey  might,  j"  first 
paper  was  yt  which  John  Benham  spread,  &  y^  second  was  after 
y®  courts  declaration,  to  which  latter  he  sayth  he  remembers 
yt  he  allowed  not  his  hand  to  be  sett  to  it;  but  being  further 
questioned,  whether  he  joyned  in  y^  contriuance  of  them  ?  he 
answered  he  had  noe  hand  in  y®  contriuing  of  them,  but  M^. 
Rossif  drew  vp  y®  first,  &  they  desired  him  yt  if  there  was  any 
thing  in  it  to  cleare  yt  he  would  be  at  court  to  giue  answer,  & 
he  further  sayd  yt  they  could  not  haue  subscribed  it  had  not 
M"".  Rossif  vndertooke  to  manage  it,  &  he  pmised  to  make 
proofe  of  it.  It  was  alsoe  ppounded  to  him  whether  he  was 
any  of  those  families  in  whose  name  the  ptest  was  subscribed, 
b5 


434  RECORDS   OF   THE  [1662 

he  answered  not  as  he  knew  of.  He  was  also  asked  whether 
he  did  now  retract  w^  he  had  done,  or  stand  in  y^  justification 
of  it,  or  was  sorry  that  is  soe  spread  abroad  in  y®  country  to 
make  such  disturbance  as  it  hath  done  at  Stamford  &  South- 
hold  ?  he  answered  that  it  was  only  his  desire  to  haue  w'  our 
law  did  allow  &  noe  more,  &  whateuer  is  else,  it  was  besides 
his  intention,  &  he  doth  renounce  &  disowne  it,  &  is  sorry  for 
any  thing  beyond  this. 

John  Bishop  was  called,  &  told  y^  y^  court  being  mett  about 
some  other  occasions  &  haueing  beene  excersised  w^'^  some 
aflicting  excersises  by  some  pap'^  sent  abroad,  &  to  which 
they  find  his  name,  desired  to  ^  whether  he  owned  his  hand. 
He  answered  first  by  way  of  euasion  y*  he  did  not,  for  he 
could  not  write,  &  desired  proofe  y'  he  gaue  order  to  any  to 
set  his  hand  to  them,  but  afterwards  granted  y'  he  gaue  his 
consent  to  set  his  hand  to  both  y^  writings ;  and  being  ques- 
tioned whether  he  contriued  them,  he  denied  it,  &  sd  if  it  be 
[302]  y^  paper  as  ||  he  thinkes  it  is,  it  was  brought  to  him  by 
M^.  Rossif  &  read.  He  being  asked  if  he  still  owne  them  & 
will  stand  by  them  or  now  detract,  answered  that  if  there  was 
anything  of  disowning  y"  gouernm%  he  did  vtterly  disowne  it, 
&  sd  he  neuer  vnderstood  it  soe  &  therefore  would  haue  noe 
hand  in  it,  for  he  had  alwayes  practised  contrary.  He  was 
then  told  y^  substance  of  y®  writings  &  y'  it  was  a  season  now 
to  expresse  himselfe  if  he  had  anything  to  say,  for  they  had 
met  w''^  this  busines  both  from  Stamford  &  Southhold,  &  y^ 
rice  of  it  was  from  them ;  he  answered  he  neuer  vnderstood  it 
as  now  he  doth,  he  thought  not  a  quarter  of  it,  therefore  sees 
he  was  meerely  drawne  in  &  did  now  vtterly  renounce  &  dis- 
owne both  ye  writings,  he  only  desired  to  haue  y*  which  o"" 
lawes  allow. 

Willm  Stephens  was  called,  &  asked  if  he  would  owne  his 
hand  to  those  two  writings;  he  did  owne  them,  and  being 
asked  if  he  had  any  hand  in  y^  contriuance  of  y'",  he  answered 
he  neuer  see  any  of  them  till  they  was  done,  he  supposed  they 
vnderstood  who  did  them,  he  neither  gaue  order  to  haue  them 
done  nor  knew  of  them  till  they  was  brought  to  him  &  read, 
which  was  done  by  M^  Rossif^  at  his  house.     He  was  asked 


1662]  JURISDICTION   OF   NEW   HAVEN.  435 

if  he  disowne  y^  gouernm%  he  answered  noe,  nor  neuer  did, 
nor  had  any  such  thought,  for  he  onely  intended  to  desire  tliat 
which  o^  law  did  allow,  &  what  is  more  in  y®  papers  is  beyond 
his  intentions.  He  was  told  that  he  had  done  all  this  after  he 
had  taken  y^  oath  of  fidelity.  Sam'i  Kitchell  informed  the 
court  yt  W™  Stephens  desired  him  to  goe  &  speake  to  the 
gouern''  to  put  out  his  name  out  of  y^  writings,  &  the  gouern'' 
ansW'^  him  y'  if  he  would  come  &  doe  it  himselfe  before  wit- 
nesse  he  might,  but  he  could  not  doe  it  himselfe,  but  he  came 
not. 

Tho:  Cruttenden  was  called,  &  told  y*  they  had  not  called 
him  for  accusation  but  for  examinatio,  &  first  asked  him 
whether  he  owned  his  subscriptions  to  those  two  writings  ?  he 
answered,  yea  he  did ;  then  he  was  asked  whether  he  framed 
them  or  was  done  by  some  oth""  to  his  hand  ?  he  answered  y^ 
he  had  but  litle  time  &  therefore  could  not  giue  his  answ, 
but  being  further  questioned  about  y^  sending  y™  abroad,  & 
whether  he  was  able  to  make  good  y®  things  spoken  in  those 
writings,  &  whoe  the  psons  were  y*^  they  asperse  &  charge  with 
vnfaithfullnes,  &c,  he  after  many  turnes  of  speech  did  answ^", 
yt  he  had  noe  hand  in  sending  them  abroad,  but  he  thinkes 
Jno  Benham  had  it  at  there  towne,  but  he  knew  not  whoe  gaue 
it  him,  &  for  y^  psons  aspersed,  &c,  he  knew  not,  but  this  he 
could  speake,  y*  he  would  say  nothing  to  the  defamation  of 
this  hono"^'^  court  or  any  member  of  it,  &  y^  it  may  be  y^  in  a 
grosse  writing  there  may  be  some  particular  expressions  which 
they  did  not  vnderstand,  &  sd  it  was  his  weakenes  to  set  his 
hand  to  any  thing  he  vnderstood  not,  or  y^  he  did  it  inconsid- 
erately, but  sd  y'  Mr.  Rossit''  drew  vp  y^  first  writing  &  he 
api'hended  y*  they  had  liberty  from  y®  hono'''^  gouern'",  in  y^ 
pfsence  of  M"".  Fitch  to  expresse  their  grieuances,  y^  substance 
whereof  was  in  yt  writing.  Then  the  gouern''  asked  him  if  w* 
[303]  he  had  sd  before  M^.  Fitch  was  not  ||  to  this  purpose, 
&  related  as  before  to  Tho:  Stephens,  which  he  did  not  deny ; 
then  he  was  told  yt  in  stead  of  that  they  seeke  to  rase  o'"  fun- 
damentalls  &  cast  aspersions  vpo  sundry,  &  soe  send  it  abroad 
to  their  defamation  whose  hono""®  they  was  bound  to  maintaine 
&  p'^serue,  this  wee  take  as  vnkind  &  vnneighborly  dealing 


436  RECORDS   OP  THE  [1662 

with  vs,  &  not  sutable  to  j''  fidelity  to  -which  they  was  sworne, 
therefore  he  was  wisht  to  consider  how  it  would  stand  V\^ith  his 
oath ;  and  then  after  the  court  had  answered  their  first  wri- 
ting w'^h  modesty,  now  vpon  this  they  come  w^h  another  paper 
&  tread  vpon  vs,  &  render  vs  Canaanite  like,  &  you  expecting 
Rahabs  fauo'',  &  this  from  you  that  are  o^  neighbors,  who 
should  haue  beene  succour  to  vs  if  there  had  beene  humane 
fraylty  apeared  in  any  of  vs.  He  was  further  asked  if  he  still 
owne  it  or  was  sorry  for  what  he  had  done  ?  he  answered  y*^ 
soe  far  as  the  things  may  be  requested  by  them  &  granted  by 
ye  court  he  did  still  continue  his  desire,  and  being  asked  fur- 
ther abou.t  y^  ptest,  if  he  had  any  hand  in  it  or  did  owne  it  ?  h 
sd  he  could  say  nothing  to  it. 

John  Rossit^  was  called,  &  the  gouernf  told  him  that  y^ 
court  calls  for  an  examination  of  him  now  he  being  in  durance, 
&  it  was  told  him  how  he  had  answered  to  y®  marshall  about 
paying  of  his  fathers  rates  when  his  father  was  from  home  in 
an  incouraging  way,  but  y^  marshall  goeing  after  his  father 
was  come  home,  hopeing  he  would  haue  made  good  w*  he  had 
sd  but  finding  such  opposition  as  they  found ;  vpon  the  returne 
of  ye  marshall  with  the  testimonies  of  other  yt  was  with  him, 
the  gouern^  sd  he  thought  it  high  time  to  suppresse  these 
things,  &  vpon  this  ground  he  gaue  forth  a  warrant  to  appre- 
hend &  arrest  you  &  your  father,  to  be  secured  till  ye  court 
could  heare  &  examine  y®  case,  &  soe  they  brought  yo''  father 
&  you  to  his  house,  &  after  some  speech  they  was  sent  to  New- 
hauen,  to  be  kept  in  durance.  He  was  told  y*  now  he  was 
called  to  giue  in  his  answers  to  this  or  any  oth"^  miscarriages 
mentioned  in  ye  warrant,  &  for  ye  first  case  whether  these 
things  was  soe  or  no ;  he  answered  that  he  should  be  loath  to 
ansW  quaeries,  but  if  there  be  an  indictm'  &  proofe,  he  should 
giue  his  ansW.  He  was  told  that  they  knew  noe  inconven- 
iencie  it  would  be  to  him,  possibly  it  might  p^vent  a  formall 
indictm' ;  he  answered  y'  it  would  be  an  infringem*  to  them 
of  their  libertie,  for  if  they  had  beene  examined  at  Guilford 
they  should  haue  knowne  w^  they  had  had  to  answ>^  for.  The 
gouern"^  told  him  yt  such  a  testimony  giuen  in  to  him  under 
soe  many  hands  he  thought  sufficient  to  doe  as  he  did,  till  the 


1662]  JURISDICTION   OP   NEW   HAVEN.  437 

court  could  examine  j^  matter,  but  he  refusing  to  answ  w^h- 
out  a  charge  layd  against  w*'^  y^  witnesses,  he  was  told  that 
the  forme  of  his  charge  was  in  y"  warrant,  viz:,  resistance  and 
contempt  of  authourity  setled,  &c,  now  first  for  his  fact  of 
resistance  of  authority,  which  was  the  occasion  of  comitting 
him,  whether  he  would  owne  it  or  noe?  he  was  told  y'  y^ 
worst  they  wished  him  was  yt  he  would  see  his  euill  &  depart 
[304]  from  it,  ||  but  he  refusing  to  giue  ausW  till  he  heard  w*^ 
y®  witnesses  would  say,  they  was  then  called,  &  first  Jn°  Scran- 
tum  y*^  marshall  spake  as  followeth,  that  y*"  treasurer  brought 
him  two  warrants,  one  for  y*^  jurisdiction  &  one  for  y®  towne, 
to  streine  for  rates  of  j""  p  was  behind,  whose  names  was  on 
y®  backside  of  y®  warrants,  &  M"^.  Rossit'"s  name  was  in  both, 
soe  he  went  to  Jn"  Rossit'",  (his  father  not  being  at  home,)  & 
read  the  warrants  &  the  sumes ;  Jn°  Rossif  being  asked  if  this 
was  soe,  he  answered  yea,  &  yt  he  did  not  question  but  his 
father  would  pay  y®  towne  rates,  (for  he  had  heard  his  father 
say  soe,)  if  they  would  stay  while  his  father  came  home,  and 
further  Jii"  questioned  whether  they  was  his  fathers  sumes,  & 
they  told  him  his  father  should  bring  in  an  account  of  his 
charges  about  y^  Colonells,  &  further  yt  Jn^  said  he  would  goe 
to  ye  treasurers  about  it,  &  y^  treasurer  sd  he  did  soe,  &  told 
him  at  smiths  shop  y'  if  cattle  would  doe  he  did  not  question 
but  they  would  be  payd,  to  which  ye  treasurer  answered  y*  he 
thought  they  would,  &  if  they  would  choose  one  &  he  another 
they  would  doe  something  yt  way ;  but  this  latter  part  Jn° 
Rosseter  denied,  &  said  he  had  not  power  to  dispose  of  his 
fathers  cattle.  Then  y^  marshall  further  related  yt  when  ye 
treasurer  told  him  y^  there  was  nothing  done  in  it,  he  then 
went  to  distreine,  (M"".  Rosset""  being  come  home,)  &  hearing 
there  would  be  resistance,  he  tooke  with  him  some  to  assist 
him,  &  soe  went  to  M^.  Rosseters  house  one  morning,  &  he 
coming  out  of  ye  doore  he  told  him  he  had  two  warrants  to  him 
in  both  which  he  was  as  one  behind  in  paym*  of  his  rates,  & 
soe  reade  y",  &  sd  to  him  if  he  would  make  pi'sent  pay  he 
should  not  distreine,  but  M'.  Rossef  answered  he  would  not 
pay  it  then  nor  next  morning  neither,*  then  ye  marshall  he 

*  Mr.  Rossiter  had  refused  to  pay  rates  for  his  person  and  horse,  on  the  ground  of 
his  being  an  allowed  physician,  pleading  that  the  laws  of  nations  exempted  such  from 


438  RECORDS   OF   THE  [1662 

went  away  to  take  two  cowes  &  told  the  men  j^  was  with  him 
which  they  was,  &  as  he  turned  away  he  heard  Jn^  Rossef  say 
y'  they  should  haue  noe  cowes  there,  &  then  came  &  tooke  vp  an 
axe,  &  went  to  the  gate,  &  told  vs  we  should  haue  noe  cowes  there. 

Jno  R:  being  asked  whether  he  owned  y'  he  soe  sd,  answered 
y'  there  being  a  gap  in  ye  fence,  supposing  they  would  haue 
droue  out  y^  cattle  there  he  tooke  vp  an  axe  to  goe  to  stop  the 
gap,  &  sd  they  should  driue  out  noe  cattell  there.  This  testi- 
mony of  ye  marshall,  W^  Stone  &  Richa:  Bristow,  being  giuen 
in  vpon  oath  in  M"".  Rosset'^^  examination  is  omitted  here,  but 
haueing  all  spoken,  Jn^  Rossef  owned  it  as  legally  prooued, 
&  the  issue  was  y^  ye  cattle  was  left. 

Then  he  was  further  told  of  his  sinfull  carriage  in  seuerall 
expressions  when  they  was  appfhended,  &  Sam'i  Kitchell  testi- 
fied yt  y®  first  thing  he  tooke  notice  of  was  yt  without  the 
doore  Jn^  Rosset""  sd,  yt  the  appi'hending  of  them  was  but  a 
character  of  w*  was  like  to  follow.  To  this  Jn^  Rosf  sd  he 
should  not  answ^  to  it.  2.  Sam^i  Kitchell  saith  that  he  mani- 
fested expressions  w^^  rejoicing  that  they  was  appi'hended,  &  sd 
it  was  that  which  they  long  desired,  and  after  they  came  into 
y^  house  there  was  more  spoken ;  goodm  Bartlet,  whoe  was 
there  p^sent,  moued  to  Jn^  Rosset^  why  they  tooke  such  a 
course,  to  strike  the  marshall  as  his  father  had  done,  he 
thought  they  might  taken  a  better  course  to  haue  vindicated 
themselues ;  Jn"  replied  may  he  not  resist  a  theife  when  he 
comes  into  the  yard  to  take  away  any  cattle  or  goods,  he  would 
knocke  him  downe.  To  this  within  y^  house  Jn^  Fowler  & 
W"'  Seward  testifies  ye  same ;  now  to  this  Jn^  Rossef  sd,  yt 
he  owned  it  as  legally  prooved  but  would  not  accuse  himselfe. 

[Two  leaves,  containing  pages  305-309,  are  here  wanting.  Page  309  is  blank,  as 
also  the  greater  part  of  page  310.] 

personal  services  and  their  estates  from  rates  and  assessments — that  they  were  not 
required  in  the  Bay,  nor  in  New  Haven  of  the  French  doctor  and  Mr.  Pell,  nor  had 
been  demanded  of  him  while  he  lived  in  Connecticut.  A  letter  of  his,  concerning  his 
difficulties  with  N.  H.  Colony,  to  Gov.  Winthrop,  is  in  3d  Mass.  Hist.  Coll.  x.  73. 

We  may  safely  presume  that  the  "  charges  about  the  Colonells,"  mentioned  on  the 
preceding  page,  refers  to  charges  incident  to^  search  for  them,  and  not  at  all  for  their 
maintainance,  and  that  it  is  not  reasonable  to  suppose  that  the  Regicides  were  at  any 
time  concealed  by  Mr.  Rossiter  or  his  son,  as  Dr.  Stiles  had  inferred  from  this  passage, 
Stiles  Judges,  pp.  91, 94.  The  Colony  would  not  have  ventured  to  support  them  pub- 
licly, and  Mr.  Rossiter  stood  for  the  King,  and  had  disowned  the  authority  of  the 
Colony  of  New  Haven. 


1662]  JUEISDICTION   OF   NEW   HAVEN.  439 

[310]  II  As  an  addition  to  y^  printed  law  for  y®  nomination  of 
magistrates,  it  was  now  ordered,  that  in  case  there  be  not  a 
nominatio  for  magistrates  in  season,  according  to  order,  from 
y^  seuerall  townes  on  y^  maine,  as  N.  Hauen,  Milford,  Guilford, 
Stamford  &  Branford,  to  y®  number  of  three  as  an  addition  to 
those  now  in  trust,  that  it  shalbee  in  y®  power  of  y®  freemen 
then  pi'sent  at  y^  election  to  nominate  &  choose  three  to  those 
of  y™  now  in  trust  that  shalbe  then  chosen,  if  they  see  cause. 
This  to  stand  in  force  till  y*"  court  see  cause  to  repeale  it. 


[311]     At  a   Court  of  Magistrates,  held  at  Newhauen 
FOR  THE  Jurisdiction,  the  26*^  of  May,  1662. 

Present,  the  Gouern^  Deputy  Govern--,  M"".  Fen,  M^.  Treat 
&  M^  Crane,  Magistrates. 

John  Sheather  was  called  for  examination  &  was  told  y^ 
grounds  of  it  was  y'  they  find  his  name  set  to  two  writings,  one 
of  which  hath  beene  spread  abroad  to  y®  greife  &  disturbance 
of  many  in  this  colony ;  now  whether  he  owned  his  hand  ?  He 
answered  j^  he  soe  farre  owned  it  as  was  his  honest  intent,  & 
he  vnderstood  ye  pap  contained  nothing  else  but  y*  which  was 
lawfull  for  ciuill  men  to  desire,  but  now  he  sees  there  is  some- 
thing in  it  which  he  did  not  vnderstand,  &  for  y^  contriuance 
he  had  one  of  y^  least  hands  in  it,  &  he  could  safely  say  yt 
there  was  not  such  forwardnes  in  him  as  some  others  but 
rather  some  words  of  repulse.  He  was  told  y^  3  parts  of  y^ 
first  writing,  first,  concerning  yt  liberty  which  o^"  lawes  allow, 
he  answered  y'  that  was  all  he  desired.  2  pt  was  yt  they  see 
noe  whollsomnes  in  o""  fundamentalls,  &c,  to  this  he  answered 
that  he  could  safely  say  he  had  neuer  such  a  thought,  nor 
could  owne  it,  for  he  vnderstood  not  y*^  passage.  3  pt  was 
theire  charging  of  some  psons  w^^  vnfaithfulnes,  &c,  he 
answered  he  could  cleare  all  this  court  &  he  thought  all  y^ 
court  before  them,  &  he  hoped  they  would  not  bring  him  into 
a  snare.  He  was  then  told  that  he  was  sworne  to  vphold  those 
lawes  which  he  saith  is  vnwholesome,  &  y'  he  hath  not  p''sented 
these  to  y^  court  before  they  are  spread  abroad ;  que:  did  the 


440  RECOEDS  OP  THE  [1662 

gov  euer  incourage  to  any  such  things  as  these  ?  he  answered 
noe. 

Then  the  second  pap  was  read  to  him,  he  sd  he  knew  not  y* 
euer  he  read  y*  pap  in  his  life,  but  vpon  a  time  corning  in  to  a 
place  he  was  asked  to  set  his  hand  to  it,  but  he  forbore  a  great 
space  of  time,  &  after  he  did  it  he  was  conuinced  y*^  he  did  it 
inconsiderately,  &  being  asked  by  some  if  he  would  be  one  to 
deliuer  it  in,  he  answered  y">  he  would  haue  noe  hand  in  it ; 
then  he  did  w'h  some  affection  acknowledge  y'  as  they  had 
any  reflection  vpon  the  gouernm'  &  lawes,  he  in  his  owne  con- 
science did  disowne  y",  &  alsoe  his  euill  in  laying  any  asper- 
sions vpon  any  w'^'out  speaking  to  y"  first,  which  is  contrary 
to  those  rules,  Math.  18  &  Leuit.  19,  17,  &  for  y^  future  did 
pmise  to  Hue  submissiuely  to  this  governm*  according  to  his 
oath  soe  long  as  he  lined  vnder  it.  The  sentence  of  y^  court 
was,  that  he  was  soe  dismissed  as  to  be  ready  to  giue  further 
answ"^  when  y^  court  shall  see  cause  to  call  him. 

M^  Richard  Lord  came  &  p''sented  M'.  Rosset'"  &  Jn" 
Rossef  in  the  hands  of  the  marshall  according  to  his  bond,  & 
therefore  desired  his  bond,  which  accordingly  was  deliuered 
to  him. 

M^  Fen  ppounded,  in  y^  behalfe  of  Tho:  Wheeler  &  W"^ 
Roberts,  for  charges  about  Herdman.  The  court  concluded 
to  allow  them  forty  shillings  out  of  Herdmans  fine  &  left  it  to 
Mr.  Fen  and  M''.  Treate  for  y^  diuiding  of  it.  And  noe  fur- 
ther testimony  coming  in,  in  y^  behalfe  of  Herdman,  did  order 
yt  y«  rest  of  y®  fine  be  forthwith  required. 

Jacobus  Loper  haueing  some  goods  as  by  a  bill  p^sented  by 
M^  Gibbard  appeared  valued  to  02' i,  02%  04^.  The  court 
[312]  concluded  that  the  ||  marshall  of  Milford  being  payd 
out  of  it,  the  rest  is  to  be  be  returned  to  the  jurisdiction 
treasurer. 

William  Potter  was  called  before  y^  court  to  answ^  to  w* 
charge  or  accusation  as  they  vnderstand  from  examination  is 
layd  against  him,  viz:  that  he  hath  comitted  y^  sin  of  bestiality 
-w*^  sundrie  creatures. 

The  Gouern'"  told  him,  that  first  he  must  mind  him  of  his 
carriage  before  y^  magistrates  when  he  was  examined,  that 


1662]  JURISDICTION   OF   NEW   HAVEN.  441 

when  you  heard  w^  your  wife  &  son  testified  to  yo""  face,  yet 
you  was  not  afifected  as  you  should  haue  beene,  whether  true 
or  false,  but  stood  in  a  stupid  way,  making  deniall  of  w*  was 
testified  yt  they  could  not  fasten  it  as  a  charge  against  him, 
yet  told  him  y'  y^  puidence  of  God  was  soe  strange  in  it,  (his 
neare  relations  thus  charging  of  him,)  y ^  if  he  was  guilty  God 
would  bring  it  forth  to  light,  &  soe,  w^ii  as  much  solemnes  as 
they  could,  left  it  with  him  &  alsoe  with  M^.  Gilbert  to  gaiue 
any  further  discouery  as  he  could ;  and  now  it  seemes  since, 
(it  may  be  by  some  better  dealing  w'^^  \^{j^  i^  y"  busines,  & 
Gods  jealousie  against  him,)  God  hath  brought  it  forth  out  of 
his  owne  mouth ;  and  seeing  the  church  hath  done  their  duty, 
which  they  well  approued  of,  they  as  ministers  of  justice  call 
him  to  account,  to  speake  the  truth  in  y^  case,  &  deale 
plainely,  as  standing  before  the  great  God  of  heauen  &  earth, 
his  judge  &  theirs,  &  to  make  acknowledgmt  of  y«  facts,  how, 
when,  &  with  what  creatures. 

He  answered  y^  first  w"  he  was  before  y^  magistrates  he 
answered  with  a  distinction,  &  thought  their  testimony  could 
not  take  away  his  life,  but  being  before  j^-  church  &  helped 
ouer  something  y'  stucke  w^''  him,  he  did  confesse  &  judge 
himselfe  worthy  to  be  cut  off  from  among  men  &  to  be  giuen 
ouer  to  be  among  deuills ;  and  now  he  confessed  more  pticu- 
larly,  the  first  time  he  sd  was  in  old  England,  at  prentise,  w-'' 
he  was  about  eleuen  yeare  old,  &  after  when  he  came  to  New 
England  these  temptations  followed  him,  though  sometimes 
they  left  him  some  yeares  together,  &  then  he  thought  God 
did  worke  vpon  his  soule,  &  y^'  temptation  left  him  a  great 
while,  but  after  he  coming  to  Hue  at  M^.  Gilberts  farme  it 
returned  againe,  &  he  acted  with  a  cow  which  is  now  gone,  & 
after  coming  to  his  owne  farme  his  lust  followed  him,  though 
he  thought  he  should  haue  got  power  against  it,  &  when  ye 
man  was  hanged  for  y^  same  act  he  was  much  startled,  but 
-after  still  y^  temptatio  went  on,  &  it  strooke  a  dampe  vpon  his 
spirit  y*  it  was  not  right  with  him,  &  there  he  acted  first  with 
a  bitch,  which  he  hanged  thinking  he  should  be  free  from  ye 
temptation  when  she  was  gone,  but  it  still  pursued  him,  &  he 
acted  this  wickednes  w'^  two  sowes,  one  of  which  was  yt  of 
56 


442  RECORDS   OP  tHE  [1662 

which  his  son  testifies,  there  is  alsoe  a  yeareling  heifer,  a  two 
yeare  old,  and  a  cow  y''  he  had  beene  vilely  naught  withall 
this  spring,  alsoe  three  sheepe,  of  which  he  sd  he  told  his  wife 
which  they  were ;  these  was  all  he  sd,  only  his  attempting  with 
his  old  mare  which  is  now  dead ;  &  then  confessed  y*^  he  had 
gone  far  from  God,  but  prayed,  &  desired  theire  prayers,  y^  he 
might  not  goe  further  from  him,  and  desired  to  haue  w*^ 
meanes  might  be  affoarded  for  his  euerlasting  good,  acknowl- 
edging the  Lord  to  be  righteous  whateuer  became  of  him. 
[313]  II  He  was  asked  with  w^  he  couered  these  wicked 
courses  ?  He  answered  that  he  went  on  against  the  checkes 
of  his  conscience,  &  did  not  consider  the  compasse  of  his  sin, 
he  had  some  dislikes  of  it  but  was  ouercome  still,  &  when  his 
son  discouered  him,  he  had  noe  heart  to  speake  to  him,  but 
was  affected  with  teares,  y^  he,  being  an  old  man,  should  be  a 
foole  in  his  latter  end. 

He  was  minded  of  his  sin  before  y^  magistrates,  that  he 
should  speake  soe  against  his  knowne  light,  &  of  his  excusing 
it  to  his  wife  when  she  told  him  of  it.  He  sd  he  thought  his 
excusing  of  it  to  her  was  a  forerunner  of  these  sins  after. 
Much  was  sd  by  him  by  way  of  acknowledgm*^  of  his  euill,  but 
in  a  confused  way,  as  y*^  sometimes  lie  was  filled  with  horror 
&  yt  his  sin  lay  vpon  him  night  &  day,  &  y"^  he  saw  such  sins 
the  nature  of  y"  did  harden  his  heart,  &  y*  he  was  filled  w^^ 
shame  &  confusion  for  the  dishonor  yt  he  had  done  to  God,  & 
yt  he  had  caused  y^  name  of  God  to  be  blasphemed  among  the 
heathen.  He  was  told  y*  such  sins  was  judiciary  sins,  accord- 
ing to  Rom.  1,  24,  when  men  like  not  to  retaine  God  in  their 
knowledge,  they  are  just  judgm^s  of  God  vpon  such  vnder 
such  light  as  he  hath  lined  vnder,  &  y*  he  should  come  to 
such  a  degree  of  sinning  &  to  such  an  age  was  a  thing  to 
admiration  &  astonishm*  of  all  yt  heares  him.  He  sd  he 
thinkes  now  all  he  did  was  to  be  scene  of  men,  though  some- 
times he  had  other  thoughts,  yet  now  he  hath  nothing  but  his 
sin  left  vpon  him  &  is  discouraged,  &  his  sins  affright  him  from 
God,  though  sometimes  some  liOpes  may  be  in  him. 

He  was  asked  what  puoking  sin  he  sees  that  might  puoke 
God  thus  to  leaue  him  ?    He  answered  that  he  had  neglected 


1662]  JURISDICTION   OP  NEW   HAVEN.  443 

duty  in  secret,  &  had  not  kept  his  watch  ouer  himselfe  &  way, 
&  was  very  vnconstaiit  in  family  duties  formerly,  though 
something  better  of  late.  He  was  asked  how  he  was  educated  ? 
He  answered,  well,  &  was  taught  to  reade.  He  was  then  seri- 
ously aduised  &  warned  to  take  in  y^  agravations  of  his  sin, 
for  he  had  beene  a  continuall  liuer  in  this  sin  from  his  child- 
hood, &  that  he  had  beene  exceedingly  hardened  in  it,  y'  ho 
should  goe  on  in  it  after  he  saw  others  put  to  death  for  the 
same  acts  &  such  like,  &  was  told  y*  his  sins  was  wonderful!, 
therefore  was  wished  to  be  serious  about  repentance,  &  to  take 
heed  he  did  not  word  it  out  to  the  last. 

He  was  further  questioned,  yt  seeing  he  had  acknowledged 
more  then  was  charged  against  him,  whether  he  had  not  defiled 
himselfe  with  any  woman  besides  his  wife.  He  answered  noe, 
neither  with  woman,  mayd  nor  child,  y^  was  certaine. 

The  Court  haueing  considered  the  case  pceeded  to  sentence, 
&  first  read  the  law  to  him,  &  then  y«  govern''  asked  him  if  he 
had  any  thing  to  say  why  the  court  should  not  pceede  to  judge 
him  according  to  y^  law.  He  answered  noe,  but  his  great 
matter  was  betweene  God  &  his  soule,  to  desire  him  to  giue 
him  repentance. 

The  Govern^  then  declared,  that  seeing  it  is  soe,  they  could 
doe  noe  otherwise,  and  he  therefore  in  ye  name  of  y^  court  did 
declare  to  William  Potter  that  y°  law  read  was  y^  sentence  of 
y*"  court,  to  be  executed  vpon  him,  viz:  that  he  be  hanged  on 
a  gallowes  till  he  be  dead,  &  then  cut  downe  &  buried,  &  the 
creatures  with  whom  he  hath  thus  sinfully  acted  to  be  put  to 
death  before  his  eyes.  He  answered  yt  he  had  in  himselfe  y« 
[314]  sentence  of  death  before.  ||  For  the  time  of  his  execu- 
tion, it  was  left  to  y®  magistrates  of  Newhauen  with  the  advise 
of  the  elders.* 

Sami^  Plumbe  apeared  to  psecute  an  action  entred  by  him 
against  widdow  Pennington  of  Newhauen,  in  Octob.  last,  con- 
cerning a  stray  beast  which  she  had  tooke  vp  &  killed  disor- 
derly, &  he  api'hended  it  might  be  his,  he  haueing  lost  such  a 
one  from  Conecticott,  which  he  had  droue  vp  thither  to  be 

*  Mather,  who  gives  an  account  of  this  case,  Mag.  B.  vi.  Cap.  v.  Ap.  iii.  states  that 
he  was  executed^on  the  6th  of  June. 


444  RECORDS  OF  THE  [1662 

wintered,  but  after  neuer  had  it  againe ;  then  he  p''sented  a 
coppie  of  y*"  record  from  Milford  where  she  was  tooke  vp,  which 
is  as  folio weth, 

A  description  of  y"  stray  taken  vp  by  Tho:  Welch  of  Mil- 
ford  w'^^'  her  age  and  markes,  w^h  valuation  thereof, — she  is  a 
blacke  heifer  judged  to  be  but  three  yeares  old,  marked  w*-^  ye 
top  cut  off  y^  right  eare,  &  a  litle  hollow  in  y®  top  of  y*"  left 
eare.  Note  y*  since  this  beast  was  taken  vp  she  is  branded 
w^h  (S)  on  y*"  left  home  &  she  hath  a  with  about  her  necke. 
Valued  by  Thomas  Wheeler  &  Daniell  Buckingham  at  three 
pounds  &  ten  shillings,  this  4th  of  May,  1660. 

This  is  a  true  coppy  of  y*"  pulilique  record  in  Milford,  taken 
this  27th  of  May,  1662,  p  me.  Rich:  Baldwin,  Secretary. 

Sam'i  Plumb,  to  prooue  that  he  lost  such  a  one  from 
Coiiecticott,  pi'sented  y'^  testimonies  following,  viz^. 

The  deposition  of  John  Belding,  aged  about  27  yeares,  the 
sd  deponent  saith  that  he  had  a  heifer  of  Sam'i  Plumbs  in  his 
keeping,  which  was  of  a  blacke  coulor  &  wide  homes,  &  as  they 
remember  shee  had  some  white  vnder  y^  belly,  this  heifer  was 
two  yeare  old  in  y^  yeare  (59,)  &  strayd  away  from  Weathers- 
field  in  Aprill  on  ye  yeare  as  aforesd  &  was  not  scene  after- 
wards in  these  parts  nor  heard  of,  &  was  in  good  flesh  when  it 
went  out.  Taken  before  me  vpon  oath,  Richard  Treat. 

Feb.  16, 1661. 

The  wife  of  John  Belding  doth  testifie  the  same  vpon  oath. 

Then  widdow  Pennington  desired  goodm  Johnson  might 
speake,  who  sd  as  followeth,  viz:  Richard  Johnson  sd  that  he 
marked  this  beast  for  her  when  it  was  young,  k  was  y*"  same 
which  this  had,  &  further  said  yt  it  had  a  priuate  marke  by  ye 
bag  which,  when  shee  brought  this  beast  &  owned  it,  he  sd 
before  they  catched  her  yt  it  was  hers,  it  had  a  white  place  by 
ye  bag,  &  after  they  catched  it  soe  it  prooued,  but  yt  which  she 
challenged  was  to  be  4  yeare  old  when  it  was  at  Milford,  but 
Tho:  Welch  sd  yt  this  had  not  cast  y^  tips  off  its  homes,  and 
further  sd  yt  he  thought  she  had  lost  it  if  it  was  hers,  taking 
of  it  &  killing  it  soe  disorderly,  but  she  pleaded  being  a  widdow 
yt  wt  shee  did  yt  way  it  was  ignorantly  &  was  sorry  for  it. 
The  govern''  declared  y'  thero^was  disorders  on  y®  womans 
part  which  did  speake  against  her  right  &  deserued  penalty, 
but  there  was  more  agreem*  in  y®  markes  of  this  &  the  womans 
then  there  is  of  Sam'i  Plumbs,  but  there  being  some  differance 


1662]  JURISDICTION  OP  NEW   HAVEN.  445 

in  y°  testimonies  of  widdow  Pennington  about  y°  age,  the 
court  concluded  as  things  then  apeared  that  she  had  lost  her 
right  &  was  to  be  responsable  for  her,  &  in  reference  to  Sam^', 
that  he  bring  in  furth""  proofe  anoth''  time. 

But  afterwards  the  case  came  againe  to  be  considered  & 
Samii  Plumb  p^sented  y°  testimony  of  John  Ward  of  Branford 
&  of  his  wife,  w^^^  are  as  foUowes, 

John  Ward  testifies  that  he  helped  Sam^  Plumb  to  driue 
two  blacke  heifers  to  Connecticott,  that  was  two  yeares  old 
comeing,  afterward  he  was  at  Connecticott  &  saw  them  in 
John  Beldings  yard. 

Goodwife  Pluml)  testifies  that  her  husband  droue  vp  two 
heifers  towards  Conecticott  that  was  of  their  owne  breed,  & 
had  but  one  of  them  againe. 

These  was  attested  vpon  oath  before  y®  court. 

Widdow  Pennington  alsoe  p^sented  further  proofe,  as  first 
John  Thomas,  whoe  declared  that  he  did  thinke  really  that 
this  was  the  womans  heifer,  &  to  this  tooke  oath  &  gaue  his 
reason,  for  he  lost  a  heifer  of  the  same  age  &  he  tooke  this  heifer 
.vp  &  brought  her  home  <fe  thought  it  had  y*'  same  marke  as 
his  yt  is  crept  off  on  the  right  eare,  but  desiring  Serjt  Boykin 
[315]  II  to  helpe  him  catch  her  [&  then  they  found  she 
had  a  litle  bit]  cut  off  on  y^  other  eare  they  apJ'hended  w^^  a 
knife,  &  they  both  concluded  her  to  be  4  yeare  old  past,  she 
had  a  wrinkle  on  her  home  &  noe  tips  then,  &  he  sent  to 
goodw:  Pennington  to  tell  her  of  it,  &  a  litle  after  slie  chal- 
lenged her,  &  he  knew  that  shee  wanted  such  a  one.  Richard 
Johnson  further  sd  that  shee  was  judged  to  be  4  yeare  old  by 
some  that  catched  her,  &  yt  he  himselfe  knew  her  from  a  calfe 
&  marked  her,  &  that  she  had  a  priuate  marke  as  before,  & 
now  vpon  oath  attested  that  that  was  widdow  Penningtons 
heifer  which  she  tooke  vp  &  killed. 

John  Coop'^  informed  y^  court  alsoe  how  it  was  pbable  shee 
was  wintered  yt  yeare  she  was  lost  before  she  went  to  Milford, 
for  there  was  intelligence  of  such  a  heifer  afterwards  scene  in 
a  mans  yard  at  one  of  y^  farmes. 

John  Winston  &  Roger  Ailing  sd  yt  they  being  desired  to 
looke  on  her  &  judge  her  age,  &  there  was  some  others  w^h 


446  RECORDS   OP  THE  [1662 

them,  it  was  in  July,  &  they  all  concluded  by  her  age  that  it 
was  her  heifer. 

Sami'  Hodgskin  testified  yt  at  the  beginnig  of  spring,  when 
he  began  to  keepc  cowes,  he  saw  such  a  stray  with  a  (S)  on 
her  home,  &  she  went  with  him  y'  sumer,  &  y°  woman  came 
&  enquired  of  him  for  her,  &  desired  him  to  take  care  of  her  & 
put  her  into  the  quarter  where  her  land  was,  when  it  was  open, 
&  soe  he  did,  &  after  the  quarter  was  done  shoe  went  out  into 
the  woods,  &  she  desired  him  to  looke  her  vp  for  her  &  soe  he 
did,  &  withall  the  woman  told  him  y*  she  had  got  some  of  her 
neighbors  to  look  on  her  &  they  hadled  her  &  judged  her  to 
be  her  heifer.  Sam'^  Hodgskin  furth""  sd  yt  the  manor  of  ye 
head  of  y®  beast  was  like  the  dame  of  her  which  he  kept, 
crumple  horned  &  not  broad  headed  as  is  sd  of  Sam^'  Plumbs. 

The  Court  heareing  w^  could  be  sd  on  both  sides  did  by  way 
of  sentence  declare,  y*  by  the  euidences  p''sented  widdow  Pen- 
nington had  clearest  right  to  the  heifer,  yet  considering  how 
disorderly  she  tooke  it  vp  &  killed  it  contrary  to  law,  &  soe 
Sami^  Plumb  disaduantaged  to  cleare  his  right  &  occasioned 
to  him  more  trouble  and  charges  then  otherwise  he  might  haue 
had,  therefore  did  order  that  widdow  Pennington  pay  vnto 
Sam^i  Plumb  fifteene  shillings  &  alsoe  beare  the  charge  of  y^ 
action  which  is  ten  shillings. 

A  writing  p^^sented  for  y^  last  will  &  testam*  of  Serjt  Tho: 
Jeffrie  late  of  Newhauen,  deceased,  but  wanting  due  form  & 
date,  it  being  alsoe  ill  pened&  spel'd  &  thereby  found  difficult 
to  reade,  could  not  be  legally  proued,  yet  being  written  (with 
his  owne  hand)  &  subscribed  (as  was  conceiued  &  vpon  oath 
attested  by  Leiftenn^  John  Nash  to  containe  y^  last  will  of  y^ 
deceased  (to  y^  best  of  his  knowledge)  according  to  y^  true 
meaning  of  it,  which  in  a  writing  deliuered  in  is  by  him 
expressed,  it  was  ordered  y*  accordingly  y^  estate  of  y^  deceased 
shalbe  disposed  off.  Prooued  in  court  at  Newhauen,  Decemb. 
3d,  1661. 

The  writinge  before  mentioned^was  alsoe  pi'sented  &  read  & 
by  this  court  ordered  (vnto  w'  Newhauen  court  had  done) 
that  (considering  y*"  many  defects  in  y°  will)  those  who  receiue 


1662]  JURISDICTION   OP   NEW   HAVEN.  447 

y^  estate  doe  giue  in  security  to  Newhauen  Court  to  be  respon- 
sable  for  soe  much  estate  to  any  y*  shall  lay  a  better  claime. 

An  inuentory  alsoe  of  y'^  estate  of  Serjt  Tho:  Jeffrie  deceased, 
taken  the  2^  of  Decemb.  1661,  apprized  by  Leiftennt  John 
Nash,  Willm  Pecke  &  Roger  Ailing,  amounting  to  one  hun- 
dred fifty  two  pound  seuen  shillings  &  three  pence,  besides  an 
axe  &  an  old  saw  y^  was  not  sumed,  there  was  alsoe  diuers 
debts  due  both  from  &  to  y^  estate  not  fully  cleared ;  prooued 
in  court  at  Newhauen  January  7^'S  1661. 

A  writeing  p'"sented  as  y^  will  of  Rob*  Johnson  late  of  New- 
Hauen  deceased,  witnessed  by  Willm  Bradly  &  Cristopher  Tod 
&  subscribed  with  his  owne  marke  &  testified  by  y^  witnesses 
aforesd  to  be  made  about  the  31^^  of  Octob:  1661,  (it  haueing 
noe  date,)  prooued  in  court  at  Newhauen  the  S'i  of  Decemb: 
1661. 

Alsoe  an  jnventory  of  y^  estate  of  Robt  Johnson,  taken  y^ 
26tii  of  Novemb:  1661,  apprized  by  Wiilm  Bradly  &  Christo- 
pher Tod,  amounting  to  three  hundred  sixty  six  pound  seuen- 
teene  shillings  &  a  penny,  prooued  in  court  at  Newhauen, 
Decemb:  S'',  1661. 

An  inuentory  of  y^  part  of  y^  estate  of  M^  John  Wakeman 
(lately  deceased  at  Harford)  left  within  this  jurisdiction,  with 
certaine  debts  therein  included  due  from  some  at  Stratford, 
taken  the  21th  of  Octob:  1661,  apprized  by  Roger  Ailing  & 
James  Bishop,  amounting  to  299i',  17^,  09'^,  prooued  in  court 
at  Newhauen  Octob:  SOt's  1661.* 

*  The  original  will  of  Mr.  Wakemau  is  on  file  in  the  Probate  Office  in  Hartford,  and 
is  as  follows, 

"  I,  John  Wakeman  of  Newhauen  being  weake  in  body,  but  of  sound  vnderstanding 
and  memory,  in  expectation  of  my  great  change  doe  make  this  my  last  will  and  testa- 
ment. First,  I  comend  my  soule  into  the  hands  of  my  Lord  Jesus  Christ  my  redeemer, 
trusting  to  be  saued  by  his  merits  and  intersession,  and  my  bodj^  to  be  buried  at  the 
discretion  of  my  executors  and  freinds,  in  hope  of  a  ioyfull  resurection ;  testifying  my 
thankfullnes  to  God  for  the  free  manifestation  of  his  grace  to  me  in  Christ,  and  for  the 
liberty  and  fellowship  vouchsafed  me  with  his  people  in  his  ordmances  in  a  congrega- 
tionall  way,  which  I  take  to  be  the  way  of  Christ,  orderly  walked  in  according  to  his  • 
rules,  but  I  doe  testify  against  absolute  independency  of  churches,  and  perfection  of 
any  in  light  or  actings,  and  against  compulsion  of  conscience  to  concur  with  the 
church  without  inward  satisfaction  to  conscience,  and  persecutmg  such  as  discent 
vpon  this  gi-ownde,  which  I  take  to  be  an  abuse  of  the  power  giuen  for  edification  by 
Christ  who  is  only  lord  of  the  conscience. 

"  As  for  my  outward  estate  and  worldly  goods  that  God  hath  giuen  me,  which  I  shall 


448  EECORDS   OF  THE  [1662 

An  inuentory  of  y^  estate  of  W™  Blayden  late  of  Newhauen 
deceased,  p'^sented,  taken  January  3^^,  1661,  apprized  by  Roger 
Ailing  &,  W^  Payne,  amounting  to  02' ',  14%  04*^,  prooued  in 
cort  at  New  Hauen  Feb:  4th  1661. 
[316]   II  An  inuentory  of  y^  estate  of  Jarvis  Boykin  deceased 

leane,  my  iust  debts  and  funerall  charges  being  satisfied,  my  will  is  thus ;  first,  I  giue 
ynto  my  daughter  Helina,  wife  to  John  Talcott  of  Hartford,  twenty  pounds  to  be 
wholy  at  her  owne  disposing,  and  to  her  husband,  my  son  in  law  John  Talcott,  fiue 
pounds  and  my  best  beauer  hatt  and  baud,  and  to  ech  of  theyr  three  children  fiue 
pounds  apeece,  namely  vnto  John,  Elizabeth  and  Samuell,  all  to  be  payed  within  six 
moneths  after  my  decease.  It.  I  giue  vnto  my  son  Samuell  Wakemans  two  sons, 
namely  Samuell  and  John,  ten  pounds  apeece.  It.  I  giue  vnto  my  daughter  KitcheUs 
daughter  Elizabeth,  ten  pounds.  Item.  I  giue  vnto  my  brother  in  law  Adam  ]^icolls 
of  Hartford  my  cloath  cloake  and  the  suite  of  the  same  which  was  my  cousin  John 
Walkers,  and  my  grey  hatt,  and  I  giue  vnto  his  wife,  my  sister  Anna  Xicolls,  ten 
pounds,  to  be  wholy  at  her  owne  disposing,  and  to  thej^rfour  children  twenty  shOlings 
apeece,  namely  John,  Hanna,  Sarah  and  Ebenezer,  all  which  my  will  is  should  be 
payed  to  them  w^'an  six  moneths  after  my  decease.  It.  I  giue  vnto  Hanna  Cheeuers 
fiue  pounds,  to  be  set  apart  and  improuedfor  her  at  the  end  of  one  yeere  after  my 
decease  as  my  ouerseers  shall  see  meete  vntiU  shee  come  to  eighteene  yeers  of  age 
(which  is  the  tyme  agreed  vpon  for  her  continuance  w'^  me  or  mine)  or  till  the  tyme  of 
her  marriage,  prouided  shee  marry  w'''  the  consent  of  my  executors  and  ouerseers,  or 
yi^  the  consent  of  any  two  of  them. 

"  It.  I  giue  to  my  seruant  Thomas  Huxley  my  short  gun  with  a  rest,  and  my  hanger 
which  he  vseth  to  traine  with,  vpon  his  good  behauiour,  that  is  if  he  shall  caiTV  him- 
selfe  honestly  and  faithfully  in  his  place  and  seruice  to  the  satisfaction  of  my  executors 
and  ouerseers,  or  with  the  approbation  of  any  two  of  them. 

"  Item,  all  the  rest  of  my  estate,  goodes,  lands,  debts,  whatsoeuer,  I  giue  and  bequeath 
to  my  son  Samuell  Wakeman,  and  to  my  son  m  law  and  daughter  Samuell  and  Eliza- 
beth KitcheU  as  foUoweth,  that  is  when  all  my  debts  and  legasyes  are  discharged, 
(which  my  mind  is  should  be  out  of  my  estate  as  it  ariseth  indifterently,  and  at  the 
prises  comon  in  this  jurisdiction,)  my  will  is  that  my  son  Samuell  Wakeman  shall 
have  two  third  parts  of  that  my  whole  estate  that  remaineth,  and  my  son  and  daugh- 
ter Kitchell  the  other  third  part  equally  betwixt  them,  and  my  will  is  that  my  daugh- 
ter EUzabeth  Kitchell  shall  have  that  part  of  hers  wholy  at  her  owne  disposing.  And 
I  doe  make  and  appoint  my  sou  Samuell  Wakemau  and  my  son  in  law  Samuell  Kitch- 
ell to  be  joyntly  executors  of  this  my  last  will  and  testament.  Alsoe  I  doe  intreate 
my  beloued  freinds  and  bretheren  Henry  Glouer  and  James  Bishop,  to  be  ouerseers  of 
this  my  wLU,  and  for  theyr  paines  herein  I  give  vnto  ech  of  them  ten  shillings.  And  I 
further  desire  my  deare  and  loumg  sisters,  my  sister  Danis  and  sister  Glouer  to  asist 
my  executors  and  ouerseers  with  theyr  counsell  and  helpe  in  prizing,  diuiding  and 
disposing  things  equally  to  mutuall  satisfaction,  according  to  the  true  intent  of  this  my 
wUl,  which  I  subscribe  with  my  hand  this  IS^h  day  of  the  4''>  month  1660,  in  the  pres- 
ence of  Martha  Davis,  John  Wakeman." 
Ellen  Glouer. 
On  the  back.  "  Thes  may  certifie  that  Martha  Davis  and  EUin  Glouer  haue  attested 
vpon  oath  that  this  is  the  will  of  M'.  Joh^  Wakman  lattly  deceassed,  before  mee, 
Mathew  Gilberte,  Deputie  Governer,  this  2"'  of  S'l"  month,  1661." 

Inventor}-  taken  by  Richard  Lord  and  William  Wadswox-th,  September  14''',  1661, 
amount  £157,  IG,  11. 


1662]  JUEISDICTION   OF   NEW   HAVEN.  449 

was  p''sented  as  taken  January  2S^^,  1662,  amounting  to  y^ 
sume  of  172'i,  03%  04'',  besides  a  change  or  two  &  a  srow  vnap- 
prized,  prooued  before  y^  court  at  Newhauen  May  2^^^,  1662, 
vpon  oath  by  y®  widdo w  of  y^  deceased  to  containe  y^  whole  estate 
of  her  late  husband  to  y®  valew  of  ten  or  twenty  shillings,  to 
ye  best  of  her  knowledg,  &  by  Leiftenn*  John  Nash  &  Deacon 
Willm  Pecke  y*^  y^  apprizem^  was  just  to  y®  best  of  their  light. 

The  last  will  &  testam^  of  M-".  Willm  Fowler  of  Milford 
deceased,  was  p^sented  as  prooued  in  court  at  Milford,     ^ 
by  M^  Rob'  Treate,  John  Fletcher  &  Willm  Fowler  junior, 
witnesses,  dated  the  eighteenth  of  January,  1660. 

An  inuentory  alsoe  of  the  estate  ^  M"".  W™  Fowler  deceased, 
pi^sented,  taken  the  8'^  of  February,  1660,  prized  by  M^.  Aex- 
ander  Bryan  &  Michaell  Tompkins,  amounting  to  y^  sume  of 
408^',  13%  09<^,  prooued  in  court  &  before  the  magistrat  at  Mil- 
ford March  the  first  &  seuenth  16f  f .    Rich  Baldwin,  Secret. 

The  last  will  &  testam*  of  M"".  John  Bishop  sen^"  of  Guilford 
deceased,  p'sented  as  prooued  in  court  at  Guilford,  Feb.  T'h^ 
1660,  by  Mr.  Rob*  Kitchell  &  John  Fowler,  to  y^  subscribing, 
&  by  M^  W'n  Leete  &  Elizabeth  Jordan  y'  M^  Bishop  owned 
&  allowed  it  soe  to  stand,  adding  onely  y*"  legacy  therein  to  his 
daughter  Steele,  now  vpon  his  death  bed;  dated  Novemb. 
1653.  Willm  Leete,  Esq;  Gouern^. 

An  inuentory  alsoe  of  y*^  estate  of  M''.  John  Bishop  sen'" 
deceased,  p^sented  as  prooued  in  court  at  Guilford  vpon  oath 
by  Anne  Bishop  the  widdow  &  relict  of  y^  deceased  &  John 
Bishop  his  eldest  sonne  &  joint  executor  w'^  y^  widdow,  for  y« 
quantity,  &  by  Abraham  Cruttenden  sen%  Jn°  Fowler  &  W™ 
Stone,  apprizers,  for  y*"  just  value  as  is  therein  sett  downe, 
amounting  to  y®  sume  of  375'%  17%  11'',  and  taken  January 
7th,  1660.  Willm  Leete. 

An  inuentory  of  y''  estate  of  M'"^  Sheafe  of  Guilford  deceased, 
p^sented  as  prooued  in  court  at  Guilford  August  SO^^  1659,  by 
W'»  Chittenden  her  son  in  law  for  y®  quantity,  &  by  Abraham 
Cruttenden,  W^i  Dudly  &  John  Fowler,  for  y®  just  value,  taken 
Decemb:  l-^^t^  1658,  amounting  toy'^  sume  of  016",  17%  OO-J. 

Willm  Leete. 

A  writing   p^sented   as   the  will  &  inuentory  of  Vincent 
57 


450  RECORDS   OP   THE  [1662 

Meggs,  as  haueing  beene  p'^sented  &  witnessed  (in  court  at 
Guilford,  Decemb.  2'^,  1658,)  by  John  Meggs  as  y*"  last  will  & 
testam*  of  his  father  Vincent  Meggs  vpon  his  death  bed  at  his 
house  at  Homonossocke.  The  court  not  finding  other  proofe, 
accepted  w'  was  to  be  had  &  granted  administracon  of  the 
whole  estate  to  y®  sd  John  Meggs,  with  y^  will  annexed, 
requireing  him  to  doe  and  pforme  accordingly  vnlesse  better 
euidence  to  y®  contrary  shall  apeare.  Dated  Septemb:  2'^, 
1658,  amounting  to  y®  sume  of  sixty  two  pound,  secretary  fees 
to  be  deducted.  Willm  Leete. 

Deacon  George  Clearke  of  Milford,  plainf ,  )  The  action 
(^  John  Baldivin  of  y  same  place  clefendt.  )  haveing  been 
formerly  entred,  w"^  was  formerly  alledged  on  both  sides  was 
now  read,  &  the  plaint'  desired  y'  James  Bishop  might  be  his 
atturnie,  which  was  granted,  but  after  many  pleas  &  allega- 
tions on  both  sides,  the  defendt  desired  to  come  to  composi- 
tion; the  plaint'  upon  consideration  for  peace  sake  did  conde 
scend  thereunto,  &  soe  before  y®  court  w^^  their  concurrence 
they  came  to  this  conclusion,  the  defendant  ingaged  to  pay  to 
the  plaint'  fifteen  pounds  &,  the  charges  of  y®  action,  which  the 
plaint'  accepted  upon  M"".  Fens  ingagement  that  this  money 
should  be  payd  within  a  yeare  after  this  time,  W^^  M^  Feii 
ingaged  accordingly. 


[317]  At  a  Court  of  Elections  held  May  28^^,  1662,  at 
Newhauen,  for  ye  Jurisdiction. 
The  Govern^  declared  that  through  y'^  goodnes  of  God  they 
had  beene.  carried  through  another  yeare,  though  with  much 
infirmity  &  weafeenes,  &  himselfe  more  then  ordinary,  yet  not 
soe  but  through  reflection  God  had  brought  him  to  y^  sight  of 
it,  but  yet  was  free  to  be  responsable  for  any  publicke  transac- 
tion, &  should  be  ready  to  giue  answ  to  any  brother  or  breth- 
ren coming  to  him  in  an  orderly  way,  desireing  to  find  pardon 
&  acceptance  with  God  &  acknowledging  their  patience  k  lone 
in  passing  by  any  thing  that  hath  beene  done  amisse ;  none 
objecting,  they  pceeded  to  vote. 
M^  Wiiim  Leete  was  chosen  Govern'", 


1662] 


JUEISDICTION    OF   NEW   HAVEN. 


451 


M^  Mathew  Gilbert  was  chosen  Deputy  Govern^. 

^''  ^^ff""  i^^ff ''*i    !  was  chosen  Magistrates  for  Newhaiien. 
Mr.  Wiilm  Gibbard,  \ 

M^  Benjamin  Fenne,  j  ^^^  ^^^^^^^^  Magistrates  for  Milford. 

M^  Robt  Treate,  )  ^ 

M"-.  Jasper  Crane  was  chosen  Magistrate  for  Branclford. 

They  all  tooke  oath,  M'-.  Fen  desired  to  be  vnderstood  as  the 
last  yeare.f 

The  Govern^  &  M'.  Fen  chosen  Comissioners,  &  M"".  Treat 
the  third  man,  in  case  need  require. 

Roger  Ailing  chosen  Treasurer. 

James  Bishop  chosen  Secretary. 

Abraham  Dowlitle  chosen  Marshall. 
All  for  the  yeare  ensueinge. 


At  a  Gene^i  Court  held  at  Newhauen  for  the  Jurisdic 
TiON,  THE  28'ii  OF  May,  1662. 


Present. 


Deputies. 


The  Gouern'', 

The  Deputy  Gouern'", 

Mr.  Jones, 
M--.  Gibbard, 
Mr.  Fenne, 
Mr.  Treate, 
Mr.  Crane, 


Magis- 
trates. 


John  Cooper, 
James  Bishop 
Thomas  Welch, 
Richard  Baldwin, 
Mr.  Robt  Kitchell, 
George  Hubbard, 
Mr.  Richard  Lawe, 
Leiftt  Francis  Bell, 
Leift*  Sam'i  Swaine 
Laurence  Ward, 


for  Newhauen. 


for  Milford. 


for  Guilford. 


for  Stamford. 


for  Brandford. 


*  Mr.  Jones  with  his  wife,  the  daughter  of  Gov.  Eaton,  and  the  rest  of  his  family, 
arrived  at  Boston  July  27,  1660,  in  the  same  ship  which  brought  the  two  regicide 
judges,  Goff  and  Whalley.  On  the  23d  of  May,  1662,  he  took  the  oath  of  fidehty,  with 
the  following  caution,  "  That  whereas  the  King  hath  beene  proclaimed  in  this  colony 
to  be  or  Soueraigne  &  we  his  loyall  subjects,  I  doe  take  the  said  oath  with  subordina- 
tion to  his  Maj'''^,  hopeing  his  Majne  will  confirme  the  said  gouernment  for  the  advance- 
m'  of  Christs  gospell,  kingdom  &  ends,  in  this  colony,  vpon  the  foundations  already 
laid ;  but  in  case  of  alteration  of  the  gouernm'  in  the  fuudamentalls  thereof,  then  to  be 
free  fro  the  said  oath.  He  was  also  on  the  same  day  admitted  a  freeman  and  nomina- 
ted to  be  propounded  to  the  court  of  election  for  a  magistrate.    N.  H.  Town  Rec.  ii.  372. 

t  Mr.  Fenn  had  refused  his  consent  to  the  declaration  respecting  Gotfe  and  Whallcy 
made  by  the  Commissioners  of  the  United  Colonies  Sept.  5th,  1661,  as  we  learn  by  the 
Coimecticut  MS.  of  their  records;  the  declaration  is  printed  in  Hazard  ii.  451. 


452  EECORDS   OF   THE  [1662 

The  Court  considering  y*  ye  former  order  about  24  houres 
warning  for  attendance  to  towne  meetings  was  sometimes 
inconvenient,  did  alter  it  and  order  that  if  there  be  warning 
giuen  any  time  y^  day  before,  it  shalbe  counted  sufficient. 

It  was  ordered  yt  all  horses  &  mares  of  three  yeares  old  & 
aboue  shall  passe  in  rates  at  ten  pound  apiece  till  further  order, 
but  this  not  to  begin  till  next  yeare. 

It  was  ordered  y^^  y®  custome  &  excise  for  wine  &  strong 
liquors  be  gathered  vp  by  collectors  for  this  yeare  as  formerly 
[318]  in  y®  seuerall  ||  plantations,  &  they  to  haue  three  shil- 
lings in  y®  pound  for  w^  they  soe  gather  vp  for  their  care  & 
paines  therein.  The  psons  apointed  was  Roger  Ailing  for 
Newhauen,  Joseph  Waters  for  Milford,  John  Fowler  for  Guil- 
ford, John  Holly  for  Stamford,  Tho:  Turry  for  Southhold  & 
Laurence  Ward  for  Brandford. 

Concerning  some  ppositions  p''sented  by  Francis  Browne  of 
Stamford,  in  y^  name  of  seuerall  as  he  sd,  the  court  saw  cause 
to  answ  as  followeth,  1.  for  liberty  for  all  to  choose  psons  for 
y^  carrieing  on  prudentiall  affayres  in  y"^  towne,  &c,  to  which 
y^  court  saw  cause  to  declare  y*  whateuer  liberties  or  privilidges 
C"  lawes  doe  allow  them,  that  they  should  haue.  2.  And  for 
y^  other  pposition  about  paying  rates  equally  at  one  price  in 
euery  plantation,  &  j'^  charge  of  transport  to  be  borne  by  the 
generall,  it  was  agreed  yt  all  the  other  plantations  being  con- 
cerned in  it  they  declared  that  they  see  not  cause  to  make  any 
alteration  in  that  for  y^  p^sent.  3.  For  y®  busines  about  y^ 
colony  schoole,  the  court  considered  y''  matter  &  transmitted 
it  into  the  hands  of  y^  comittee  for  y  -  busines,  desireing  it  may 
be  carried  on  to  y®  ends  for  which  it  was  first  setled,  or  if  they 
see  sufficient  grounds,  then  to  lay  it  downe.  And  for  any  other 
matters  concerning  Stamford  &  Greenwich,  they  left  it  to  the 
govern'"  and  magistrates  to  issue  when  they  come  to  Stamford. 

It  was  agreed  (vpon  y*^  desire  of  M^  Bishop  &  some  others 
of  Stamford,)  that  y^  govern^,  M^  Fen  &  M"".  Crane  should 
goe  to  Stamford  for  the  setling  matters  there  in  controuersie, 
who  was  impowered  to  keepe  court  according  to  y''  power  of 
any  plantation  court  extraordinarily  assisted,  &  alsoe  any 
dei)uty  of  this  court  that  should  accompany  them  was  impow- 
ered to  assist  them. 


1662]  JURISDICTION   OF   NEW   HAVEN.  453 

M'' .  Richard  Law  &  Leiftenn*  Francis  Bell  were  chosen  dep- 
uties for  Stamford  for  y®  yeare  ensueinge  &  was  invested  w^h 
y*  same  power  as  they  had  y®  last  yeare,  taking  in  with  them 
some  others  to  assist  them  with  the  consent  of  y"  freemen,  and 
for  their  taking  oath  it  was  (vpon  their  desire)  left  till  y^ 
govern'  &  magistrates  should  come  to  Stamford. 

This  Court  not  knowing  what  important  affayres  may  hap- 
pen respecting  this  colony,  betweene  the  sessio  of  this  &  the 
next  generall  court,  haue  voted,  &  doe  declare  it  to  be  their 
minds,  that  y®  govern""  being  imediatly  informed  thereof, 
repayre  to  Newhauen,  &  there  consult  &  advise  w^^^  the  magis- 
trates &  elders  of  that  place  &  of  Brand  ford  what  is  fit  &  safe 
to  be  done  in  such  an  exigence,  &  to  act  &  doe  accordingly  by 
the  major  vote  of  such  magistrates,  vpon  such  concurrent 
aduise  of  two  or  more  of  y*"  elders,  &  to  call  in  the  aduise  of  y^ 
magistrate  or  magistrates  of  Milford  or  any  other  towne  in  this 
colony,  provided  that  the  gouernr  &  such  magistrates  pceed 
not  to  treate  or  conclude  any  thing  yt  may  haue  tendencie  to 
change  of  y®  present  governm*,  without  a  generall  court  be 
first  called  by  advise  of  such  counsell,  wherein  this  court  prom- 
iseth  to  stand  by  the  sd  govern'"  &  magistrates  soe  acting  as 
aforesd,  &  not  otherwise. 

[319]  II  M"".  Samuell  Wakeman  desired  to  ppound  something 
to  y^  court  about  some  monies  stopt  by  y^  jurisdiction  treas- 
urer which  was  due  to  his  father  from  y*"  jurisdiction,  first  con- 
cerning fine  pound  eight  shillings  that  was  brought  to  account 
after  the  auditt ;  the  matter  appearing  cleare,  onely  forgotten 
by  Mr.  Wakman  then,  the  court  did  allow  it.  2.  Concern- 
ing the  wampom  giuen  in  as  jurisdiction  stocke  to  y^  deputies 
for  sixty  foure  pounds,  &  they  finding  some  at  six  a  penny  & 
some  at  eight,  the  pi'sent  treasurer  Roger  Ailing  would  not  soe 
accept  without  the  allowance  of  this  court,  Leiftenn*  Bell,  M^ 
Robt  Kitchell  &  John  Cooper  testified  yt  w"  they  audited  Mr. 
Wakemans  accounts,  then  M'.  Wakeman  told  y™  y*  this  wam- 
pom was  soe  receiued,  viz:  some  at  six  a  penny  &  some  at 
eight ;  therevpon  this  court  allowed  it  soe  to  be  receiued  (as 
it  was  writ  vpon)  by  y^  treasurer,  the  jurisdictio  bearing  ye 
losse.     3.  Concerning  twenty  shillings  wanting  in  tale  in  a 


454  BECORDS   OF  THE  [1662 

parcell  of  wampom  yt  was  sent  to  y*  Dutch  by  Mr.  Hodshon, 
M^.  Sam'i  Kitchell  testified  that  it  was  ten  pound  sent  in  a 
basket  by  his  father  Wakeman  to  be  put  off,  &  he  further  sd  y' 
his  father  receiued  it  for  ten  pound  but  coming  backe  vpon  y^ 
tale  of  it  to  Roger  Ailing  there  was  but  nine  pound ;  this  was 
alsoe  granted  to  be  allowed  them.  4.  Concerning  y®  differ- 
ance  betwixt  his  fathers  accounts  &  y*  comission''s  conclusions 
in  y®  yeare  1660,  of  about  twenty  pound  in  wampom,  how  to 
reconcile  them  they  could  not  yet  find,  but  for  clearing  it 
pduced  a  writing  vnder  the  hand  of  M^.  Allen  which  was  read, 
but  the  thing  not  appearing  cleare  this  court  left  it  to  y®  court 
of  Newhauen  to  view  M''.  Wakemans  booke  &  issue  the  busines 
betwixt  them,  &  therein  to  rest  satisfied. 

Tho:  Kimberly,  y*  was  marshall,  ppounded  for  forty  shillings 
for  his  charges  &  trouble  about  M^.  Rosset""  &  his  sonne,  &  for 
20«  for  his  extraordinary  trouble  y®  last  yeare.  The  court 
considering  the  matter  did  allow  him  fifty  shillings  in  all  for 
both. 

John  Cooper  ppounded  (in  y^  behalfe  of  Captaine  Clearke) 
that  the  wine  &  liquors  drawne  at  jron  workes  might  be  cus- 
tome  free.  The  court  considering  his  motion  did  grant  that 
one  butt  of  wine  &  one  barrill  of  liquors  should  be  free,  but 
what  more  is  sold  to  pay  as  others  doe. 

There  being  noe  time  before  the  election  to  issue  the  busines 
of  Ml".  Rosset''  &  his  son  John,  it  came  to  be  considered  by 
this  court,  M'.  Allen  &  M*".  Willis  of  Connecticut  waiting  to 
to  see  an  issue  of  the  busines,  p^tending  to  be  friends  to  vs  & 
friends  to  peace,  labouring  w^h  M"".  Rosseter  &  his  son  to  bring 
him  to  some  acknowledgemt  of  euill;  they  did  each  of  y" 
pi'sent  a  writing  to  the  court  subscribed  w^h  their  owne  hands 
by  way  of  acknowledgem*^,  but  y°  court  finding  them  to  come 
short  of  their  expectation  did  adde  some  expressions  by  way 
of  imendaco  &  returned  them  backe  &  concluded  yt  if  they 
came  vp  to  them  ingeniously  they  would  accept  them,  they 
leaning  it  to  the  court  to  giue  satisfaction  for  the  charges 
expended  about  them,  but  after  M^.  Rosset"^  &  his  son  had 
[320]  pvsed  the  writings  they  came  to  y®  ||  court  &  sd,  (first 
M^  Rosset"",)  that  he  had  pvsed  their  paper  &  he  could  not 


1662]  JUEISDICTION   OF  NEW   HAVEN.  455 

accept  it  w^hout  wronging  himselfe,  &  therefore  desired  ye 
court  to  pceed  to  his  triall,  for  he  should  rather  submit  to  ye 
censure  of  y®  court  w'euer  it  be  then  to  subscribe  to  that 
writing. 

The  Govern''  answ^  they  should  consider  of  it  &  giue  him 
an  answ"^. 

Then  Jn^  Rosset''  sd  he  had  subscribed  to  y*  which  was  sent 
to  him  &  desired  it  might  be  accepted,  but  they  both  being 
conjoined  together  the  matter  was  left  to  a  further  considera- 
tion, and  in  y*"  issue  the  court  concluded  to  leaue  it  to  a 
comittee  of  six  of  y^  members  of  y®  court,  with  y*"  aduise  & 
concurrence  of  y^  elders  then  present,  &  the  issue  to  be  ratified 
if  foure  of  those  six  agree  with  the  aduise  &  concurrence  of  y^ 
elders  aforesd,  (the  psons  agreed  vpon  was  the  govern"",  M"^. 
Jones,  Mr.  Fen,  M^.  Treat,  M"".  Crane  and  Richard  Baldwin, 
the  elders  were  M^.  Davenport,  M^.  Street  and  M"".  Pearson,) 
but  the  comittee  was  told  by  seuerall  of  y®  court  that  it  would 
neuer  be  satisfieing  to  y*^  country  if  something  was  not  obtained 
for  y*"  defraying  of  charges  &  expenses. 

Soe  after  y®  corhittee  had  debated  y^  matter  with  M^  Ros- 
sef^  &  his  son  in  y*"  p^sence  of  M^  Allen,  M-".  Willis  &  the 
elders  aforesd,  they  brought  as  the  result  &  conclusion  of  the 
matter  vnder  the  hand  of  y®  gouernr,  viz:  That  this  gen'i  court 
haueing  considered  y*^  contents  of  the  paper  within  written  did 
apoint  a  comittee  of  six  members  of  y®  court  w^h  ye  aduise  & 
concurrence  of  the  elders  then  p^sent  as  aforesd,  which  comit- 
tee (in  y*"  pi'sence  &  by  the  mediatio  of  M"".  Allen  &  M^  Willis 
who  had  long  waited,  laboured  &  desired  to  see  an  issue  in  ye 
busines  with  M^  Rosset""  depending,)  did  with  consent  of  the 
aforesd  elders  &  their  concurrence  accept  of  y®  acknowledgm*^ 
&  pmises  of  M"".  Rosset""  &  his  son  John,  set  downe  in  this  & 
another  paper  vnder  the  hand  of  John  Rossif,  together  w^^ 
their  solemne  engagem»^  made  not  to  act  any  thing  of  psecutio 
or  molestation  against  court  or  courts,  officer  or  officers,  or 
other  psons  belonging  to  y^  colony  of  Newhauen  any  where  to 
disturbe  their  peace,  without  y®  advise  &  consent  of  M'".  Allen, 
M^  Willis  &  M^  Streete,  (M^.  Davenport  was  alsoe  after 
added,)  who  pfesse  themselues  to  be  o"^  friends  as  well  as  his, 


456  RECOEDS   OF   THE  [1662 

&  friends  to  peace,  in  respect  to  whose  labo""  of  loue  &  paines, 
as  alsoe  for  M^.  E,ossit'"s  further  conviction  &  better  carriage, 
the  comittee  thus  did  condescend.  Their  acknowledgm^s 
follow, 

Whereas  much  trouble  hath  ensued  vpon  his  deniall  of  this 
pi'sent  gouerm*  of  Newhauen,  he  did  see  cause  to  owne  y*  in 
seuerall  passages  &  expressions  he  had  been  very  rash  &  incon- 
siderate, &,  he  could  freely  say,  offensiue,  &  he  was  truly  sorry 
that  he  had  had  noe  better  rule  of  his  owne  spirit,  &  he  was 
very  sorry  y^  he  did  soe  suddenly  take  occasion  to  decline  the 
good  &  seasonable  counsell  &  advise  of  M"".  Davenport,  which 
he  honored,  &  resolued  ag^t  when  he  came  to  y"  court,  soe  far 
as  any  writing  hath  been  giuen  forth  by  him  to  pmote  any 
vnjust  or  pubhcke  disturbance,  &  for  y"  future  he  resolues 
against  the  disturbance  of  the  place  &  gouerm%  &  to  submit  to 
it  for  future,  whiles  he  continue  vnder  it,  &  he  hoped  the  can- 
dor &  clemency  of  this  court  in  accepting  heereof  will  not 
repent  them.  Bray  Rosseter. 

May  27,  (62.) 
[321]  II  Whereas  besides  some  offensiue  expressions  &  car- 
riages against  the  authority  &  lawes,  there  hath  beene  witnessed 
some  speeches  of  mine  either  against  the  church  or  any  person 
or  persons  in  Newhauen,  I  doe  condemne  such  speeches  as 
scandalous  &  very  offensiue,  &  shall  acknowledge  it  according 
to  rule  vnto  y*^  persons  injured,  desireing  pardon,  promising 
and  resoluing  (w*-'!  Gods  helpe)  to  be  more  watchfull  against 
any  such  rash  &  puokeing  expressions  for  y^  future,  and  doe 
pmise  to  auoyd  any  disturbance  of  y*"  publique  peace  &  gouern- 
ment  of  this  jurisdiction,  and  to  submit  to  this  gouerment  while 
I  continue  in  y*"  jurisdiction.  John  Rosseter. 

There  being  noe  deputies  come  from  Southhold  to  this  court, 
the  court  taking  theire  state  into  consideration  agreed  to  send 
the  two  following  orders  by  the  hand  of  Thomas  Turry,  which 
was  done,  viz: 

This  Gen'i  Court  now  assembled,  after  some  expectatio  of 
your  deputies  cominge  ouer  as  formerly,  were  vpon  Thomas 
Turries  arriuall  giuen  to  vnderstand  that  there  was  not  any 
to  be  expected  at  this  session  of  y®  court,  wherevpon  this  gen'i 
court  for  y^  colonyof  Newhauen  tooke  into  consideration  (after 
they  had  consulted  with  y^  sd  Thomas  Turry,)  w*  might 
pbably  best  conduce  to  the  good  of  Southhold,  and  in  order 
where  vnto  they  haue  by  this  court  chosen  M'".  Wiiim  Wells  & 


1662]  JURISDICTION   OF   NEW   HAVEN.  457 

Capt'  John  Yoiinge  comission",  w^h  three  such  oth'^  of  yo"^ 
freemen  as  by  y^  sd  freemen  shalbe  chosen  assistants  vnto 
them,  and  which  shall  haue  y«  same  power  to  appoint  & 
keepe  courts  for  y^  triall  of  all  cases  in  Southliold  for  this 
yeare  ensueinge  as  oft  as  they  shall  ordinarily  or  extraordina- 
rily judge  needfull,  according  to  the  same  commissions  granted 
vnto  them  y^  last  yeare,  and  whoe  are  by  this  court  authorised 
to  administer  their  oatlies  one  of  them  vnto  anoth'",  &  either 
of  ye  sd  comissionrs  vnto  y«^  rest. 

To  ye  Deputie  or  Deputies  of  Southhold. 

Whereas  y^  Geu'i  Court  for  this  Colony  now  sitting  at  New- 
hauen  are  informed  y'  seuerall  psons  of  yo"^  towne  &  plantatio 
haue  refused  to  pay  their  rates  layd  &  demanded  according  to 
the  lawes  of  this  jurisdiction,  you  are  therefore  hereby,  in  y® 
name  of  the  sd  gen''  court,  to  aske,  demand  &  require  y«  sd 
rates  of  them  &  euery  of  y™  who  are  yet  behind,  &  pay  the 
same  into  y"^  hands  of  such  as  are  apointed  by  you  to  receiue 
ye  said  rates  &  to  returne  ye  same  to  ye  treasurer  at  New- 
hauen ;  and  for  default  of  such  paym'  to  returne  the  name  or 
names  of  such  person  or  psons  soe  refuseing  to  this  court  to  be 
pceeded  against  according  to  law. 

Francis  Browne  of  Stamford  desireiiig  of  ye  court  both  for 
himselfe  &  in  ye  name  of  diners  of  Stamford  as  he  sd,  that  they 
might  haue  ye  helpe  of  ye  gouern"'  &  some  magistrates  to 
keepe  court  at  Stamford,  for  ye  issueing  of  some  differances 
there,  he  being  asked  whoe  should  beare  their  charges? 
answered  that  they  would  doe  it, 

[322]  II  It  was  ordered  y^  a  single  rate  be  leuied  from  all  ye 
plantations  &  pprietors  of  Paugausett  to  be  payd  into  ye  juris- 
diction treasurer  att  New  Hauen  in  such  pay,  &  at  such  prizes, 
&  at  such  time  as  formerly.     Which  is  thus  pportioned. 


New  Hauen, 

741 

02^ 

04d. 

Milford, 

46 

02 

08. 

Guilford, 

31 

10 

06. 

Stamford, 

24 

19 

08. 

Brandford, 

14 

12 

081. 

Paugausett, 

01 

18 

05: 

193    06    0^. 
Southholds  pportion  was  not  brought  in. 
58 


458  recoeds  of  the  [1662 

At  a  Meeting  of  y«=  Comittee  for  y^  Colony  Schoole,  at 
New  Hauen  the  18^^  of  June,  1662. 
The  Comittee  considering  of  y^  busines  left  to  them  about 
ye  laying  downe  or  continueing  of  y^  colony  schoole,  after 
serious  debate  of  the  busines  did  thus  conclude,  that  finding 
not  sufficient  grounds  of  discouragement  at  p^'sent  soe  as  to 
lay  it  downe,  did  leaue  it  to  goe  on  for  further  tryall,  vntill  the 
gen"  court  should  againe  meete,  desireing  that  those  whoe 
haue  any  children  fit  to  send  that  they  would  send  them  to  it 
for  ye  incouragemt  of  y^  schoole. 


At  a  Court  of  Magistrates  held  at  Newhauen  the  15th 
OF  Octob:  1662. 

Present,  the  Gouerns  De:  Gov,  M^.  Jones,  M"".  Fen,  M^ 
Treate  &  M^  Crane. 

Taphanse  an  Indian  was  brought  before  y^  court,  whoe  hath 
a  long  time  since  lay  vnder  a  suspicion  of  being  guilty  of  y^ 
death  of  one  John  Whitmore  of  Stamford,  but  by  his  flieing 
(as  was  informed  by  y^  govern^)  hath  euaded  coraeing  to  a 
triall,  but  of  late  haueing  intelligence  that  he  might  be  taken 
the  gouern''  sd  he  gaue  order  for  his  app^'hending,  according 
to  the  order  of  y^  comission'^s  formerly,  which  was  accordingly 
done,  &  hath  been  kept  in  durance  for  some  space  of  time. 
The  gouern''  alsoe  informed  y^  court  yt  he  had  acquainted  y^ 
comission^'s  lately  w'^  what  was  done,  which  they  well  approued 
&  desired  y^  matter  might  be  brought  to  an  issue  concerning 
him,  for  which  cause  he  was  now  called  before  ye  court,  & 
there  was  M^.  Minor  p^sent  to  be  the  interp^ter  betwixt  them, 
who  first  informed  ye  Indian  vpon  w*  account  he  was  there,  to 
p'uent  any  pi^judice  against  him ;  then  he  was  wished  to  tell 
Taphanse  that  ye  court  was  met  to  attend  the  busines  for 
which  he  was  examined  about  at  Stamford,  then  his  examina- 
[323]  tion  taken  at  Stamford  was  pi'sented  &  read,  ||  then 
some  questions  was  put  to  him  vnto  which  he  was  to  giue 
answ^     1  Que;,  whether  he  was  guilty  or  not  guilty  of  ye 


1662]  JURISDICTION   OF   NEW   HAVEN.  459 

death  of  John  Whitmore.  He  answered  not  guilty.  2  Qu. 
then  why  did  he  fly  away  ?  He  answered  y*  he  did  not  run 
away,  but  was  sent  to  y^  place  where  the  murderer  was  &  did 
not  at  all  run  away.  The  gouernr  told  him  y*^  yt  was  not 
according  to  his  form""  ansW,  for  he  being  with  some  others 
giuen  them  y«  slip. 

Taphanse  desired  that  yt  might  be  cleared,  for  which  some 
testimonies  was  read,  &  first  the  testimony  of  John  Mead, 
which  is  as  foUoweth,  viz: 

That  he  being  at  goodman  Lawes  house  about  sunrising  y^ 
second  morning  after  goodman  Whitmores  missing,  in  short 
time  after  him  Taphanse  came  in  &  told  goodman  Law  yt 
Ponas  had  sent  him,  &  told  him  y*  there  was  an  English  man 
killd,  goodman  Lawes  askt  him  where  it  was  y*^  y^  English 
man  was  kild,  Taphanse  answered  y'  he  knew  not  how  far  off, 
whether  ten,  twety  or  thirty  miles  off,  but  pointed  to  goodma 
Law  yt  it  was  vp  the  riuer  ward,  Goodman  Laws  askt  him 
whoe  or  w^  Indian  it  was  y^  killd  y*^  man,  Taphanse  sd  it  was 
an  Indian  y*  lined  vp  neare  the  Mohaukes  &  y'  yt  Indian  told 
them  at  their  wigwams  yt  he  would  kill  an  English  man,  &  y* 
they  pferred  him  wampom  not  to  doe  it  &  y'  y®  Indian  would 
not  receiue  y*"  wampom  but  went  away  very  angrie,  &  further 
y'  vpon  goodman  Laws  questioning  w^^  him  he  sd  y'  this 
Indian  (nameing  him  Taquatoes)  went  away  in  hast  &  left  a 
stocking  at  their  wigwams ;  goodman  Laws  spoke  to  him  to 
stay  &  he  would  goe  w^h  him  to  the  wigwom,  &  as  they  were 
goeing  he  trembled  k  shakt  soe  y*  seuerall  of  vs  tooke  notice 
of  it  &  goodman  Laws  tooke  notice  of  it  w'^  y^  rest  &  sd  yt  his 
carriage  argued  guilt,  &  when  they  came  to  the  wigwom, 
Taphanse  shewed  them  the  stocking  (which  he  sd)  Taquatoes 
left  behind,  and  further  saith  y'  Taphanse  slipt  into  anoth^ 
wigwom,  &  soe  from  wigwom  to  wigwom,  &  soe  slipt  away 
from  yra  &  returned  not  w^h  them  to  helpe  looke  y®  man  j^ 
was  kild  as  he  had  pmised  to  doe  at  goodman  Lawes  house, 
although  seuerall  Indians  y^  had  not  pmised  (as  he  knew  of) 
came  from  thence  w^h  them  to  helpe  looke  y"  man  as  they 
p^tended.  Stamford,  July  2^,  1662,  attested  vpon  oath, 
John  Mead,  ^^^^^^  ^.^   )  Era:  Bell, 

his  I  marke.  '  )  Richard  Law. 

The  testimony  of  Richard  Ambler,  he  affirmeth  as  foUoweth, 
viz:  That  he  w^^  goodman  Jessop  came  to  goodman  Laws  yt 
morning  Taphanse  brought  the  newes  of  an  English  man  being 
killd,  &  yt  goodman  Lawes  askt  Taphanse  how  he  knew  there 


460  EECORDS   OF   THE  [1662 

was  an  English  man  killd,  yt  Taphanse  answered  y*  there  was 
an  Indian  at  their  wigwoms  before  k  sd  he  would  kill  an  Eng- 
lish man,  &  y'  after  he  had  killd  him  y''  Indian  came  againe  & 
brought  wth  him  a  shirt  &  a  paire  of  stockings  &  yt  some  of  y« 
things  was  bloody ;  this  Eichard  Ambler  affirmeth  yt  goodm 
Lawes  declared  to  them  whoe  was  there  as  interprting  w' 
Taphanse  sd,  and  yt  in  reference  to  their  goeing  to  the  wig- 
wams, y'  Taphanse  pmised  to  returne  w^^  them  againe  & 
helpe  looke  the  English  man,  &  in  their  goeing  he  was  very 
fearefuU,  &  trembled  &  quaked  much,  soe  p  he  &  y*"  rest  tooke 
[324]  II  great  notice  of  it  &  sd  often  one  to  anoth''  &  goodman 
Law  with  the  rest,  y'  he  thought  Taphanse  was  guilty  of  y^ 
blood  of  y®  man,  &  y'  when  they  came  to  y*^  wigwoms,  Taphanse 
shewed  them  a  stocking  which  hee  sd  Taquatoes  left  there,  & 
notwithstanding  his  pmise  to  returne  with  them  he  gaue  them 
y®  slip  &  returned  not,  yet  seuerall  oth""  Indians  came  thence 
to  helpe  looke  y'^  man  with  them.  Furthermore  he  saith  y'^ 
the  stocking  which  Taphanse  shewed  them  and  told  them  y' 
Taquatoes  left  there  was  bloody. 

This  2^  of  y""  5^^  m°:  1662,  giuen  in  before  vs  vpon  oath, 

Richard  Law, 
Francis  Bell. 

These  being  read  &  told  him  by  y^  interp'"ter,  Taphanse 
answered  that  he  is  not  guilty  of  these  things,  viz:  of  his  runing 
away  at  yt  time,  &  denied  those  things  about  y®  stockings,  & 
sd  alsoe  it  was  a  mistake  y'  euer  they  see  any  of  those  things 
soe  far  as  they  went  with  him,  &  further  sd  that  after  this  he 
went  vp  further  into  y''  country.  But  to  cleare  y*"  first  of  his 
ruiiing  away  the  gouerno''  told  him  y*^  one  time  Vncus  he  was 
sent  to  seeke  the  dead  body  &  this  Taphanse  was  with  him 
w^^  other  Indians,  and  as  they  was  resting  of  venison,  Taphanse 
goeing  a  litle  from  them  ran  away,  soe  y*  Vncus  brought  word 
that  Taphanse  was  matchet.  Taphanse  being  told  this,  he 
acknowledged  it  y*^  it  was  soe  &  that  he  did  very  ill  in  soe 
doeing,  and  being  askt  the  reason  of  it,  he  sd  that  an  Indian 
came  &  told  him  j^  Yncus  would  take  him  &  carry  him  away 
&  therefore  bid  him  run  away  &  soe  he  did.  Then  it  was  put 
to  him  why  he  should  rua  away  more  then  another  Indian  if 
he  was  cleare,  the  gouerno  sd  thef  had  neuer'  any  good  ansW 
of  it;  he  answ^^  if  he  knew  himselfe  guilty  he  would  speake, 
but  he  was  afrayd  &  therefore  did  fly,  &  is  sorry  he  soe  did,  for 
he  did  euill  &  gaue  just  cause  of  suspicion. 


1662]  JUEISDICTION   OP   NEW   HAVEN.  461 

Then  he  was  asked  how  he  knew  y*^  Taqnatoes  did  y®  mur- 
der, because  he  alwayes  sd  it,  was  he  by?  He  answered  he 
had  it  from  an  Indian,  and  named  his  name,  &  sd  that  y^ 
sachem  of  Crowton  sent  an  India  to  Ponas,  (the  next  day  after 
Jno  Whitmore  was  killd,)  to  tell  them  j^  an  English  man  was 
killd,  &  it  was  about  sunset  &  they  aduised  Taphanse  not  to 
come  to  tell  y^  English  while  next  morning.  Now  this  Crow- 
ton  is  neare  40  miles  from  thence,  which  caused  this  question 
to  him.  How  Taquatoes  could  doe  this  murder  yt  day  &  after 
goe  to  Crowton,  (seeing  it  was  about  eleuen  of  clocke  when 
John  Whitmore  went  out  of  Stamford,)  &  then  send  downe 
this  word  the  next  day  to  Ponas  ?  Taphanse  answered  that  it 
is  not  halfe  a  dayes  journie  if  he  stir  betimes.  Then  he  was 
askt  whether  he  saw  Taquatoes  that  day  John  Whitmore  was 
killed  ?  He  ansW^  that  two  dayes  before  he  was  at  Norwalke 
&  saw  him  there,  but  whether  he  went  he  knew  not,  &  that 
he  knew  nothing  of  his  intendment  &  sd  he  gaue  them  his 
heart  in  this.  Then  he  was  askt  whether  he  was  at  John 
Whitmores  house  y*  day  he  was  killd  ?  He  answered  noe,  nor 
at  Stamford  all  that  day;  and  being  asked  where  he  was  then, 
he  sd  at  his  fathers,  making  of  wampom.  Now  here  was  a 
testimony  of  Anne  Akerly  read,  which  is  as  followeth,  viz: — 

[325]  II  The  testimony  of  Anne  Akerly,  widdow,  of  about 
seuenty  fine  yeares  of  age.  The  sd  deponent  vpon  oath  testi- 
fieth  that  y«  same  day  (a  litle  in  ye  afternoone)  that  goodman 
Whitmore  was  killed,  shee  did  see  the  Indian  called  Taphanse 
at  goodman  Whitmores  house  with  oth'"  Indians,  &  ye  sd 
Taphanse  shooke  her  (the  wife  of  goodm  Whitmore)  by  ye 
hand,  and  asked  her  where  her  netop  was,  for  he  soe  big  loued 
her  netop,  then  she  replied  that  shee  could  not  tell. 
This  deposed  vnto  vpon  the  2'^  July,  1662. 

before  vs,  f.^:  ^f^ 
'  Kich:  Law. 

And  it  was  sd  y*^  vpon  this  goodwife  Whitmore  was  in  such 

an  extacy  that  shee  feared  some  mischeife  was  befallen  her 

husband,  &  it  was  sd  yt  seuerall  at  Stamford  saith  ye  same 

that  goodw:    Whitmore  sd  soe,  &  yt   Taphanse  lies  in  this 

busines.     He  answered,  what  shall  he  say  if  testimony  come 

in  against  him,  but  if  he  speake  the  truth  he  must  say  he  was 

not  there  &  y'  it  was  a  mistake  &  p  she  would  not  speake  it 


462  RECORDS   OF   THE  [1662 

to  his  face,  &  this  (y«  iiiterp''ter  sc!)  he  spake  in  snch  a  phrase 
as  noted  his  confirmation  of  it  more  then  ordinary,  that  if 
Manatue  was  liere  he  would  say  tlie  same  as  he  doth.  Then 
he  was  questioned  about  anotlier  passage  tliat  rendered  him 
very  suspicious,  j^  he  knowing  himselfe  &  Taquatoes  vnder 
suspicion  in  this  busines  &  yet  he  seeing  Taquatoes  at  Stam- 
ford ye  last  winter  &  yet  did  not  discouer^  (which  might  haue 
been  a  fayre  way  to  haue  cleared  himselfe,)  but  hides  the 
guilty  pson.  He  answered  that  was  very  true  that  case  might 
make  him  suspicious,  but  the  English  neuer  spake  to  him 
to  doe  it,  &  if  he  had  done  it  it  had  beene  a  faire  way; 
hee  confest  he  did  foolishly.  Then  he  was  askt  how  he  came 
to  goe  soe  readily  to  the  place  when  they  went  to  looke  the 
body,  when  as  he  had  shewed  a  strangenes  before  as  if  he 
knew  nothing?  He  answered  y'  he  knew  it  well  enough,  for 
Taquatoes  told  him  y®  very  place  of  ground.  He  was  askt 
how  he  came  to  know  it?  He  sd  that  M^  Lawes  sent  him  to 
know  it  of  Taquatoes,  &  being  at  Mattatuckes  he  was  weary  & 
soe  sent  by  an  Indian  to  wish  Toquatoes  to  meet  him  there,  & 
soe  he  did  &  told  him  j°  place;  and  further  sd  he  thinkes 
many  English  here  knowes  the  murderer  &  thafneither  Eng- 
lish nor  Indian  could  say  that  two  kild  the  man.  Then 
Taphanse  was  askt  if  he  had  any  thing  else  to  say?  He 
answ'i  all  he  hath  to  say  is  y"^  he  is  innocent.  Then  the 
whole  examinatio  was  read,  &  M"".  Minor  y®  interpi'ter  was 
asked  if  it  was  according  to  truth.  He  answered  it  was  fully 
expressed,  not  more  nor  lesse,  but  very  well.  Then  Taphanse 
was  askt  how  he  came  to  haue  such  corospondencie  with 
Taquatoes  about  this  thing  more  then  another  Indian  ?  He 
answered  as  before,  that  M«".  Lawes  sent  him  to  know  it  of 
Taquatoes,  &c.  He  was  asked  if  the  Indians  at  Mattatuckes 
was  friends  to  Taquatoes?  He  answ'"'^  that  it  was  all  one  his 
owne  countrie.  Then  M'".  Minor  sd  that  he  had  been  often 
among  the  Indians  when  mischeife  was  done  among  y®  English, 
&  that  those  Indians  that  was  inn^ent  would  tremble  for  feare. 
The  Court  considering  the  case  pceeded  to  sentence,  which 
the  gouerno"^  in  the  name  of  y®  court  declared  thus  as  follow- 
eth,  viz: 


1662]  JURISDICTION   OF  NEW   HAVEN.  463 

[326]  II  That  it  appeares  to  tliem  and  to  all  staiiders  by 
against  him,  that  he  is  by  his  owne  acknowledgement  to  be 
suspected  of  being  accessary  to  this  mans  murder,  both  in  his 
trembling  &  comeing  to  the  wigwam  that  he  slipt  away  con- 
trary to  his  pmise  of  helpe,  &  another  time  vpon  y®  same 
account  w'^  Vncus  both  of  trembling  &  running  away,  &  this 
to  be  added  that  he  is  guilty  of  lieing  about  y^  stockinge,  &c, 
&  in  y'  oth^  passage  as  is  testified  by  one  vpon  oath  &  was  sd  by 
many  at  Stamford  that  the  children  &  wife  of  John  Whitmore 
often  sd  it  that  he  was  at  their  house  that  day  in  such  a  fann- 
ing way,  &  that  comeing  of  Taquatoes  to  meete  him  at  Matta- 
tuckes  shewes  corospondencie  with  him  &  y*  this  (as  he  saith) 
of  M^  Lawes  sending  him  was  neuer  brought  to  them  at 
Stamford,  alsoe  that  other  passage  of  his  not  discouering  of 
Toquatoes  when  he  was  at  Stamford,  which  was  a  duty  vpon 
him  for  his  owne  clearing  whoe  stood  supicious  of  guilt,  that 
in  y*^  whole  there  stands  a  blott  vpon  him  of  suspicion  that 
there  was  sufficient  ground  for  his  ap^hending  &  comitting  to 
durance,  &  all  y'  he  hath  sd  at  this  time  canot  cleare  him  of  a 
stayne  of  suspicion ;  but  as  being  guilty  of  y^  murder  directly 
or  accessary  he  did  pnounce  him  not  guilty  in  point  of  death, 
but  yet  must  declare  him  to  stand  bound  to  pay  all  charges 
that  hath  beene  about  him,  &  leaue  him  guilty  of  suspicion,  & 
yt  he  stands  bound  as  his  duty  to  doe  his  best  endeauo""  to 
obtaine  y^  murderer,  &  now  to  remaine  in  durance  vntill  ye 
next  session  of  y''  court  about  a  fortnight  hence,  except  he  can 
giue  some  assurance  of  his  payinge  the  charge  before,  which 
charge  was  concluded  to  be  ten  pound. 

Taphanse  answered  that  he  would  doe  his  vtmost  endeuof 
to  pcure  Taquatoes,  &  for  the  charge  he  is  poore  but  he  will 
send  to  his  friends  to  see  w^  may  be  done  in  it,  but  desired  yt 
his  cliaine  may  bee  taken  off.  He  was  told  then  he  would  run 
away.  He  answered  that  vpon  his  running  away  he  confesses 
himselfe  guilty  &  sd  they  should  kill  him.  Ypon  this  he  was 
granted  to  be  at  liberty  soe  y*  he  appeare  at  the  next  meeting 
of  y®  court,  which  he  pmised  soe  to  doe  although  he  could  not 
obtaine  the  money. 

John  Cooper  ppounded  that  there  might  be  a  review  of  the 


464  RECORDS   OP   THE  [1662 

action  concerning  y®  mare  sometimes  in  question  betwixt  M^ 
Pierson  and  himselfe  w^h  Mathew  Moulthrop  senior,  which 
was  issued  at  a  court  of  magistrates  held  the  28ti»  of  May, 
1660,  but  was  left  with  this  liberty  of  a  review  for  him  or  any 
other  y'  could  lay  a  better  claime ;  he  desired  therefore  the 
matter  might  be  considered  &  what  he  had  further»to  say  in 
y^  case,  for  he  thought  the  thing  stood  not  vpon  its  right  bases. 
He  desired  his  witnesses  might  speake  &  y*  y^  testimony  of 
Jonathan,  seruant  to  M"".  Peirson,  giuen  in  court  May  23th, 
1659,  may  be  considered  &  he  would  answ  to  it,  which  case 
is  at  large  in  page  195  &  196  of  this  booke ;  &  first  the  testi- 
mony of  Serjt  Beckly  was  read,  as  in  page  196,  &  he  now 
p''sent  tooke  oath  to  it;  M^.  Peirson  being  askt  if  he  did  accept 
[327]  it,  answered  j^  he  should  leaue  it  to  y^  court.  ||  Then 
John  Coop'"  desired  Thomas  Harrison  might  speake,  whoe 
testified  vpon  oath  by  way  of  addition,  viz:  that  yt  colt  which 
he  then  sd  was  a  bay  was  that  which  goodman  Cooper  bought 
of  John  Wood,  &  by  way  of  explanation  now  saith  was  a 
blacke  bay. 

Then  John  Cooper  desired  y^  Mathew  Moulthrop  junior 
might  speake,  whoe  testified  as  foUoweth,  viz:  first  that  this 
mare  which  M''.  Peirson  hath  in  his  possession  is  y^  which 
goodman  Cooper  bought  of  John  Wood.  Math:  Moulthrop 
senior  sd  he  could  say  y'^  same.  2.  That  he  saw  this  mare 
when  it  was  marked  on  y®  eare  by  goodman  Cooper  in  his 
fathers  yard,  being  taken  vp  by  his  father  for  John  Wood  & 
left  tied  there,  &  then  John  Wood  went  &  sold  it  to  goodman 
Cooper,  &  yt  he  saw  John  Wood  deliuer  it  to  goodman  Cooper. 
3.  That  about  foure  or  fine  moneths  after  he  was  there  when 
shee  was  branded  &  he  saw  the  marke  on  y^  eare  which  good- 
man  Cooper  gaue,  &  then  y*^  cut  was  growne  vp  but  they  felt  y^ 
seame.  Math:  Moulthrop  senior  sd  alsoe  y'  he  saw  it  with  his 
eyes  &  saw  it  often. 

M^  Peirson  put  this  question  (then)  whether  John  Wood 
had  power  to  sell  his  mare  ? 

John  Cooper  further  sd  that  Edmund  Toolie  could  speake 
something  further  to  y^  case,  but  he  was  not  yet  come  from 
Branford  as  he  expected  him. 


1662]  JURISDICTION   OP  NEW   HAVEN.  465 

Mathew  Moulthrop  senior  then  declared  that  he  knew  the 
mare  of  Westalls  or  John  Woods  before  she  had  a  foale  & 
there  was  another  the  yeare  before  shee  was  carried  vp  to  Con- 
necticut, &  the  next  spring  betimes  shee  was  come  downe  & 
he  saw  her  with  a  young  colt  at  a  meadow  called  M^.  Cranes 
meadow,  which  colt  he  takes  to  be  this  mare  which  M"".  Peir- 
son  hath  in  his  possession.  He  further  sd  that  he  alsoe  knew 
M''.  Peirsons  mare  &  saw  her  y'  same  yeare  with  a  colt  with 
her  of  a  dun  coulo""  &  soe  kept  its  coulo*"  that  yeare,  and  y^ 
next  spring  after  he  saw  M''.  Peirsons  mare  &  then  shee  had 
noe  colt  with  her  that  he  thought  it  was  lost  y*  winter. 

M"",  Peirson  then  sd  that  he  knew  his  colt  when  it  sucked  & 
tooke  notice  of  it  y*^  sumer,  &  that  y^  next  suraer  after  he  saw 
such  a  colt  which  he  tooke  to  be  his. 

Abraham  Dowlitle  ppounded  to  haue  fine  pound  for  keeping 
the  Indian  Taphanse  about  seuenteene  weekes  time  for  all  his 
charges  and  trouble  about  him.  The  court  thought  it  moder- 
ate &  granted  it. 

It  was  agreed  &  ordered  y'  the  23*^^  (j^y  of  this  moneth  be 
kept  a  day  of  publicke  thaiikesgiueing  through  y®  colony  on  y^ 
maine,  (excepting  Stamford,  not  haueing  sufficient  time  to 
giue  them  notice,  therefore  it  was  left  to  them  to  take  the 
[328]  fittest  season,)  for  the  mercies  of  y^  yeare  past,  ||  and 
that  the  29'^  day  of  this  moneth  be  kept  a  day  of  extraordinary 
seeking  of  God  by  fasting  &  prayer  for  his  guidance  of  the 
colony  in  this  weighty  busines  about  joineing  with  Connecti- 
cutt  colony,  &c,*  &  for  the  aflicted  state  of  y®  church  &  people 
of  God  in  o"^  natiue  country  &  in  other  parts  of  y^  world. 

*  The  charter  granted  to  Connecticut  was  presented  and  read  at  the  meeting  of  the 
Commissioners  of  the  United  Colonies  in  Boston,  September,  1662,  who  took  notice  of 
his  Majesties  favor  as  being  very  acceptable  to  them,  and  advised  "  that  wherein  others 
may  be  concerned,  the  said  gentlemen  w"'  such  others  doe  attend  such  waies  as  may 
conduce  to  righteousnes,  peace  and  amity,  and  that  the  fauour  shewed  to  y^  said 
colony,  or  any  other,  may  be  ioyntly  improued  for  the  benefit  of  all  concerned  in  the 
said  charter." 

In  the  margin  of  that  copy  of  the  Records  of  the  Comissioners  printed  in  ii.  Hazard 
St.  P.  is  the  following  note,  which  is  not  found  in  the  Connecticut  MS.  "  Wee  can 
not  as  yett  say  that  the  procurement  of  this  Pattent  wilbe  acceptable  to  vs  or  our 
Collonie,  Willam  Leet,  Benjamine  Fen." 

The  General  Assembly  of  Connecticut,  at  its  session  begun  October  9th,  1662, 
having  received  information  that  the  major  part  of  the  inhabitants  of  Southold  had 
empowered  Capt.  John  Young  as  their  deputy,  accepted  that  town  under  its  govern- 

59 


466  RECORDS  OP  THE  [1662 

The  will  of  Wilim  Potter  being  referred  by  Newhauen  court 
to  this  court,  was  prsented,  and  by  widdow  Potter  desired  to 
know  ye  mind  of  y^  court  whether  it  should  stand  or  noe, 
(which  being  read,)  it  was  asked  her  if  anj  had  any  thing  to 
say  against  it?  She  answered  yea,  her  sonne  Joseph,  but  after 
some  speech  with  him  Joseph  sd  that  his  mother  &  he  had 
agreed  &  was  satisfied  yt  it  should  stand,  &  the  widdow  declared 
y«  same  in  reference  to  her  other  children.  Then  y^  court 
vpon  that  ground  that  nothing  being  p''sented  by  any  to  y^ 
contrary  ordered  it  to  stand,  &  left  it  to  Newhauen  court  for 
ye  prooueing  of  it  k  to  order  that  part  which  concernes  y^ 
children. 

Wiiim  Payne  appeared  to  make  complaint  against  John 
Frost  for  some  sinful!  miscarriages  towards  his  children  &  some 
others.  John  Frost  haueing  beene  examined  before  y^  magis- 
trates of  Newhauen,  Septemb.  8th,  (62,)  was  coinitted  to 
prison  &  after  bound  ouer  for  his  apearance  at  this  court, 
whoe  being  called  now  appeared.  Then  Wiilm  Paine  was 
calld  to  speake  what  he  had  to  lay  against  him,  whoe  desired 
yt  his  children  might  speake,  &  being  called,  first  his  sonne 
John  Payne  spake  as  followeth,  viz. 

[About  three  pages  of  the  manuscript  containing  the  testimony  in  this  ti-ial,  are 
omitted.] 

[331]  The  Court  haueing  considered  y®  matter  pceeded  to 
sentence,  which  is  as  followeth,  viz: 

That  John  Frost  be  corporally  punished  by  whipping,  &  for 
his  inveiglements  by  gift,  as  shee  saith,  &  he  makes  noe  proof 
to  y®  contrary,  but  graunts  y*  he  made  loue  to  her  without  the 

ment,  appointing  Capt.  Young  a  commissioner  with  the  power  of  a  particular  magis- 
trate, and  admitted  some  twenty-five  of  the  inhabitants  freemen. 

Several  inhabitants  of  Guilford  tendering  themselves,  their  persons  and  estates,  were 
accepted  and  promised  protection,  and  were  advised  to  carry  peaceably  and  religiously 
toward  their  neighbors  who  had  not  yet  submitted,  and  to  pay  their  just  dues  to  the 
minister  and  other  public  charges  due  to  that  day. 

Stamford  and  Greenwich  were  likewise  accepted,  upon  the  same  terms  and  provis- 
ions as  directed  for  the  inhabitants  of  Guilford,  and  Richard  Vowles  sworn  constable 
for  Greenwich,  and  Robert  Usher  appointed  f^-  Stamford. 

A  committee  was  also  chosen,  consisting'  of  Mr.  Mathew  Allyn,  Mr.  Wyllys,  Mr. 
Stone  and  Mr.  Hooker,  "  to  go  down  to  N.  Hauen  to  treat  w"'  y«  gent:  and  others  of 
or  lo:  freinds  there."  They  arrived  at  New  Haven  during  this  session  of  the  court, 
(Oct.  16  or  17,)  and  presented  a  copy  of  the  charter,  and  another  paper  which  is  found 
post  p.  468, 


1662]  JURISDICTION   OF   NEW   HAVEN.  467 

knowledge  and  consent  of  her  parents,  that  he  pay  forty  shil- 
lings as  a  fine  to  y®  jurisdictio,  according  to  the  law. 

And  for  Mercy  Payne,  that  shee  alsoe  be  corporally  pun- 
ished by  whipping,  for  her  sinfiill  compliance  with  him  in  such 
wickednes,  as  herselfe  confesseth. 

And  for  John  Payne,  that  he  be  whipt  in  y®  family. 

W"^  Payne  pleaded  that  his  daughter  had  some  weakenes 
[332]  vpon  her  ||  since  the  women  had  searched,  which  was 
not  fit  to  be  mentioned  here,  &  therefore  desired  that  her  pun- 
ishmt  might  be  forborne  &  passe  it  by  with  a  fine.  The  court 
considered  of  what  he  had  to  say  the  next  morning  &  did 
revoke  the  former  sentence  concerning  her  &  did  sentence 
that  he  pay  for  her  fifty  shillings  as  a  fine  to  the  jurisdiction, 
and  for  any  damages  &  just  charges  which  hee  pleaded,  it  was 
left  to  Newhauen  court  to  consider  of  when  hee  should  p^sent 
them,  &  to  allow  him  that  which  is  according  to  law. 

It  was  agreed  to  bee  ppounded  to  the  seuerall  plantations 
that  all  due  meanes  be  vsed  for  y®  staying  of  hides  &  leather 
till  furth""  order. 


At  a  Meeting  of  y^  Freemen  of  Newhauen  Colony,  held 
ATT  Newhauen,  November  i^^,  1662. 
The  Gouernr  informed  them  that  they  was  not  ignorant  of 
y®  occasion  of  this  meeting,*  they  knowing  that  some  gent'  of 

*  On  the  31st  of  October,  two  days  after  the  fast,  there  had  been  a  general  court  or 
town  meeting  at  New  Haven,  when  the  Deputy  Governor  read  to  the  assembly  the 
copy  of  the  Charter  and  the  writing  from  Connecticui,  with  the  answer  given  to  it  by 
the  New  Haven  committee,  and  desired  them  to  consider  what  further  answer  to 
return.  The  following  from  the  New  Haven  Town  Rec.  iii.  7,  shews  what  proceed- 
ings took  place. 

"  Mr.  John  Davenport,  pasto'  of  y«  church  of  Christ  at  Newhauen,  declared  vnto  the 
towne  that  he  wrote  to  M^  Winthrop  (before  he  went  to  England)  not  to  haue  any 
hand  in  such  an  vnrighteous  act  as  to  involve  vs  in  their  Pattent.  To  which  he  writt 
to  him  in  two  lett",  one  from  Mattabesicke  &  another  from  ye  Manhatoes  at  his  goeing 
away,  part  of  which  was  read,  wherein  he  expressed  his  contrary  purpose  &  the  ex- 
pressions of  some  other  of  their  magistrates  to  j'  same  purpose.  And  alsoe  M^  Daven- 
port p'sented  a  letf  (which  he  receiued  y«  last  night  from  M^  Rich  Lawes  of  Stam- 
ford) and  read  it  to  y«  towne,  wherein  was  intimated  their  sad  state  by  reason  of 
y«  turbulent  carriages  of  some  of  their  inhabitants  which  Connecticot  colony  had 
admitted,  &  soe  dismembred  vs,  &  some  would  say  they  was  rebells  against  ye  king 
&  y'^  jurisdiction  of  Conecticot.    Alsoe  he  further  informed  y  towne  of  y«  treatie  they 


468  RECORDS   OF   THE  [1662 

Conecticutt  had  beene  here,  &  had  left  a  coppie  of  their  Pat- 
tent  &  another  writing  vnder  their  hands,  both  which  was  now 
read,  and  alsoe  the  ansW  of  o''  comittee  to  their  writing, 
which  writing  &  ansW  is  as  followeth, 

To  o""  much  Hono'"'^  &  Reve''nd  Freinds  of  Newhauen,  Mil- 
ford,  &c,  to  be  comunicated  to  all  whom  it  may  concerne. 
We  declare  y^  through  ye  good  puidence  of  y  Most  High, 
a  large  and  ample  Pattent,  &  therein  desireable  privilidges  & 
imunities  from  his  Maj^'^,  being  come  to  o""  hands,  (a  coppy 
whereof  we  haue  left  with  you  to  be  considered,)  and  yo''selues 
vpon  ye  sea  coast  being  included  &  interessed  therein,  the 
Kinge  haueing  vnited  vs  in  one  body  politique,  we  according 
to  ye  comission  wherewith  wee  are  betrusted  by  y®  Gen'^ 
Assembly  of  Coiiecticotj;  doe  declare  in  their  name  that  it  is 
both  their  &  o""  earnest  desire  y*  tliere  may  be  a  happy  and 
comfortable  vnion  betweene  yo^selues  &  vs,  according  to  the 
tenor  of  y®  Charter,  that  inconueniences  &  dangers  may  be 
pruented,  and  peace  &  truth  strengthened  &  established, 
through  o''  sutable  subjection  to  y®  tearmes  of  y*^  Pattent,  and 
the  good  blessing  of  God  vpon  vs  therein. 

"We  doe  desire  a  seasonable  Mathew  Allyn, 

returne  herevnto.  Sam'^  Willis, 

Samii  Stone, 
Sam^i  Hooker, 
Joseph  Fitch. 

had  with  those  gent,  of  Conecticut  aforesd,  &  how  they  had  shewed  them  y«  wrong 
they  had  done  vs,  in  dismembring  of  vs  at  Stamford,  Guilford,  &  Southhold,  &  all 
this  before  they  had  consulted  with  vs,  &  shewed  them  their  euill  therein,  but  received 
noe  satisfaction  from  them  about  it. 

"  M"'.  Davenport  alsoe  ppounded  sundrie  reasons  to  be  considered,  both  why  we  was 
not  included  in  Connecticutt  Pattent,  and  alsoe  why  wee  may  not  voluntarily  joine 
with  them,  with  some  directions  w'  answ  to  returne,  that  soe  they  may  see  their  euill 
in  what  they  haue  done  &  restore  vs  to  o""  former  state,  that  soe  we  &  they  may  liue 
together  in  vnitie  &  amitie  for  ye  future. 

"  The  Deputy  Governr  declared  y'  y"  things  spoken  by  M"".  Davenport  was  of  great 
weight,  and  he  desired  all  present  would  seriously  consider  of  them. 

"  M"-.  Streete,  teacher  of  y'^  church  of  Christ  at  Newhauen,  declared  that  he  looked 
Vpon  the  reasons  ppounded  by  M^  Davenporte  to  be  vnanswerable  &  y'  both  church 
&  towne  had  cause  to  blesse  God  for  the  wisdome  held  forth  in  them  &  wished  them 
to  keep  ey^  ends  &  rules  of  Christ  in  their  ej^e  &  then  God  would  stand  by  them,  &  did 
second  the  directions  giuen,  with  one  scripture,  out  of  Esay  14,  32,  &  from  thence  did 
advise  y'  our  answers  should  be  of  fayth  «&  influenced  with  faith  &  not  of  feare. 

"  The  matter  was  largely  debated  &  sundrie  exprest  themselues  as  disliking  the 
pceedings  of  Connecticot  in  this  busines,  as  Leiftenn' Nash,  M^.  Tuttle,  M^  Powell,  &c, 
&  desired  some  answer  might  be  giuen  y'  way  with  a  desire  of  restoring  vs  to  C  former 
state  againe,  and  then  by  generall  vote  declared  their  disapproouing  of  y'=  maner  of 
Conecticutt  Colonies  pceeding  in  this  busines." 


1662] 


JUEISDICTION   OF   NEW   HAVEN. 


469 


To  or  much  Hono^'i  &  Reuerend  Freinds,  the  Comission"  from 

the  Gen^^  Court  of  Conecticott,  to  be  comunicated,  &c. 
Much  Hono'"d  &  Reverend, 

We  haue  receiued  &  pvsed  yo'"  writing,  and  heard  the  coppy 
readof  hisMajties  L'res  Pattents  to  Conecticott  Colony, wherein 
although  we  doe  not  find  the  Colony  of  Newhauen  expressly 
[333]  included,  yet  to  shew  o""  desire  that  matters  may  ||  be 
issued  in  y^  conserving  of  peace  &  amitie  with  righteousnes 
between  them  &  vs,  we  shall  comunicate  yo""  writing  &  y® 
coppy  of  y®  Pattentto  o""  freemen,  and  afterwards  w'^  conuen- 
ient  speed  returne  their  answer.  Only  we  desire  y*  y^  issueing 
of  matters  may  be  respited  vntill  we  may  receiue  fuller  inform- 
ation from  the  Honof'*  M^.  Winthrop  or  satisfaction  otherwise, 
and  y'  in  the  meane  time  this  Colony  may  remaine  distinct, 
intire  &  [vn] interrupted,  as  lieretofore,  which  we  hope  you 
will  see  cause  loueingly  to  consent  vnto,  &  signify  y®  same  to 
vs  with  conuenient  speed. 

[Newhaven, 

17'h  of  Octobs 

1662.]* 


*  The  date  and  the  names  of  the  magistrates  and  elders  who  signed  this  answer  are 


470  RECOEDS   OF  THE  [1662 

Then  y^  Gouerno«"  told  y™  yt  they  had  heard  y®  writings  & 
pattent,  &  there  was  two  things  in  their  writing  to  be  answered 
too ;  first,  that  they  declare  vs  to  be  by  y®  king  made  one  body 
politique  w'^  ym  ^  interessed  in  their  pattent;  2,  they  desire 
a  happy  &  comfortable  vnion  for  peace  &  truths  sake,  &c,  now 
to  these  two  you  must  giue  answ^",  &  then  dismissed  y^  assem- 
bly to  consider  of  it  for  y®  space  of  one  houre  &  halfe,  &  then 
to  meete  againe  at  y^  beate  of  the  drum. 

Then  y^  company  being  come  togethr  in  y^  afternoone,  the 
gouern""  told  y™  yt  they  knew  w'  was  left  with  y™,  for  they  had 
heard  y®  pattent  &  the  writings  read,  therefore  he  desired  to 
know  their  minds,  for  he  hoped  they  might  haue  some  helpe 
from  among  o''selues,  mentioning  M"".  Davenport. 

Then  M^".  Davenport  (pastor  of  y®  church  of  Christ  at  N. 
Hauen)  sd  that  according  to  this  occasion  he  should  discharge 
the  duty  of  his  place  &  should  reade  to  them  his  owne  thoughts, 
(which  he  had  set  downe  in  writing,)  which  he  desired  might 
remaine  his  owne  till  they  was  fully  satisfied  in  them,  &  furth'" 
sd  he  should  leaue  others  to  walke  according  to  y''  light  that 
God  should  giue  them  in  this  busines,  &  soe  read  some  reasons 
why  we  was  not  included  in  y^  pattent,  &  alsoe  why  wee  might 
not  voluntaryly  joine  with  them,  &  soe  vpon  desire  of  some  left 
his  writing  with  them  to  consider  of. 

Then  y""  Gouern^  told  y™  that  they  had  heard  the  thoughts 
of  M^  Davenport  concerning  both  y®  pts  of  y®  writing  &  had 
left  them  with  them  yt  they  may  doe  yt  which  may  be  to  Gods 
acceptance,  therefore  desired  them  to  speake  their  minds  freely, 
for  he  desired  yt  the  freemen  themselues  would  giue  the  sub- 
stance of  the  answer  voluntarily.  The  gouern''  further  sd  yt 
for  his  part  he  should  not  be  forward  to  leade  them  in  this 
case,  least  any  should  thinke  him  ambitious  of  the  place,  but 
desired  that  yt  might  be  done  which  is  according  to  the  will 
of  God.  Then  the  matter  being  largely  debated,  at  last  came 
to  this  conclusion,  to  haue  an  answer  drawne  vp  out  of  these 
three  heads;  first,  that  there^e  due  witnesbearing  against 

not  upon  the  Record,  but  are  taken  in  fac  simile  from  the  original  document,  (which 
is  in  the  handwriting  of  William  Jones,)  preserved  among  the  Records  in  the  State 
Library  at  Hartford,  Miscellaneous,  i.  doc.  68. 


1662]  JURISDICTION   OF   NEW   HAVEN.  4T1 

their  sin;  2,  that  there  may  be  a  deferring  of  things  till 
M^  Winthrops  coming,  or  we  /^  satisfaction  otherwise,  &  p 
we  remaine  in  j^  same  state  as  we  are  till  then ;  3,  that  we  can 
doe  nothing  till  wee  consult  with  the  other  confederates. 
Then  the  aduise  of  j^  comission"  about  this  pattent  was  read, 
&  considered  how  contrary  to  that  righteousnes,  amity  & 
peace,  o'^  neighbors  of  Conecticott  had  carried  towards  vs. 
Then  they  considered  of  a  comittee  to  draw  vp  an  ansW  into 
forme  &  to  annex  some  weighty  argum**  therevnto,  to  send  to 
y^  gene^i  assembly  of  Conecticott,  &  considered  alsoe  about 
making  addresse  to  his  Majt'^  if  o''  answ  p'vaile  not.  The 
[334]  comittee  apointed  was  ||  the  Magistrates  &  Elders  of 
this  Colony  in  generall,  w^h  bro.  Law  of  Stamford,  &  these  to 
conclude  according  to  the  major  part  of  them  in  session.  It 
was  left  w'h  this  comittee  to  send  this  answ,  &c.  to  w'  pson 
they  see  most  conuenient,  to  be  corhunicated  to  their  geni^ 
assembly. 

The  freemen  expressed  themselues  desirous  y*  the  magis- 
trates would  goe  on  in  their  worke,  &  they  looked  vpon  them- 
selues bound  to  stand  by  them  according  to  o""  lawes  here 
established. 


Novemb:  5th.     A.T  a  Gene^i  Court  held  at  Newhauen  for 

Y«   JURISDICTIO,   1662. 

It  was  ppounded  as  a  thing  left  (to  be  issued  at  the  next 
gen^i  court  after  May  last,)  by  y^  comittee  for  y®  schoole, 
whether  they  would  continue  y®  colony  schoole  or  lay  it  downe. 
The  busines  being  debated,  it  came  to  this  conclusion,  that 
considering  y^  distraction  of  y^  time,  that  y®  end  is  not  attained 
for  which  it  was  settled  noe  way  pportionable  to  y^  charges 
expended,  &  that  y^  colony  is  in  expectation  of  vnavoydable 
necessary  charges  to  be  expended,  did  conclude  to  lay  it 
downe,  &  the  charges  to  cease  w"  this  halfe  yeare  is  vp  at  y" 
end  of  this  moneth. 

It  was  ppounded  &  considered  about  N.  Hauen  paying 
backe  part  of  the  100^'  grauuted  for  the  incouragem"^  of  y^ 


472  RECORDS   OF   THE  [1662 

colony  schoole,  &  in  y®  issue  thus  concluded,  that  it  be 
ppounded  to  N.  Hauen  towne  to  pay  backe  40ii  of  the  100^' 
into  the  jurisdiction  treasury,  but  y®  deputies  for  N.  Hauen 
told  y^  y'  y®  colony  schoole  had  occasioned  a  considerable 
charge  to  y™  about  y®  schoolehouse  &  other  wayes  more  then 
else  they  need  haue  expended  in  that  way,  &  that  they  was 
ready  still  if  they  would  continue  the  schoole  to  pforme  their 
conditio  to  puide  schoole  house  &  house  for  schoole  master  if 
need  require. 

M^  Pecke  ppounded  about  some  differance  betwixt  the 
treasurer  &  himselfe  in  making  vp  their  accounts,  but  the 
court  left  it  to  them  to  issue  it  betweene  themselues. 

It  was  alsoe  ppounded  about  41'  abated  of  M^.  Peckes  sallary, 
for  some  time  that  he  left  y^  schoole,  whether  it  should  not 
returne  to  y^  jurisdiction.  It  being  debated,  it  was  by  vote 
concluded  that  soe  much  of  it  as  is  pper  to  them  should,  k  the 
rest  to  N.  Hauen. 

The  busines  about  the  sallaries  to  y^  govern^,  deputy  gov- 
ern'', &c,  being  left  in  May  last,  was  now  concluded  to  be  as 
the  last  yeare. 

John  Herriman  ppounded  about  l^,  17%  2^,  which  was  not 
brought  to  account  with  M^  Wakeman,  he  desired  it  might  be 
allowed  him.  He  p^senting  his  accounts  as  cleare  that  it 
was  due,  the  court  thought  it  just  it  should  be  allowed  him. 

The  Comittee  apointed  by  the  freemen  was  confirmed  by 
this  court  to  stand  vntill  the  gene'^  court  in  May  next,  accord- 
ing to  the  power  giuen  them  in  May  last. 

It  was  ordered  that  all  rates  already  granted  by  the  juris- 
diction &  all  debts  due  to  the  jurisdiction  should  be  forthwith 
demaunded  &  required  from  all  y^  plantations. 

It  was  againe  ppounded  about  stopping  of  hides  &  leather, 
but  nothing  was  done  in  it  at  this  time,  there  being  some  report 
yt  Coiiecticott  had  repealed  j^  order. 


1662]  JUKISDICTION   OF   NEW   HAVEN.  473 

[335]  The  AnsW  of  the  Freemen  drawne  vp  into  forme  by 
the  Comittee  &  sent  to  Connecticott  Gen'i  Assembly, 
is  as  folio weth,*  viz* — 
Hono'-d  Gent', 

We  haue  heard  both  ye  Pattent  &  j^  writing  read  which 
those  gent'  (whoe  sd  they  was  sent  from  yo''  Gene'^  Assembly) 
left  wth  o""  Comittee,  &  haue  considered  y^  contents  according 
to  o""  capacities.  By  the  one  wee  take  notice  of  their  declared 
sence  of  y®  Pattent  &  alsoe  of  yo""  desire  of  o""  vniting  w^h 
yo''selues  vpon  y*  account.  By  the  other  we  vnderstand  that 
his  Majt'e  hath  been  graciously  pleased  (at  yo''  earnest  peti- 
tion) to  grant  liberty  to  y^  Colony  of  Conecticott  to  acquire, 
haue,  possess  &  f»urchase,  &c,  wiener  lands,  &c.  you  haue 
gained  or  shall  gaine  by  lawfuU  meanes  within  the  p^'cincts  or 
lines  therein  mentioned,  &  alsoe  of  his  abundant  grace  to 
allow  &  establish  you  to  be  one  body  politique,  for  mannaging 
all  yo'"  publique  affaires  &  gouernm*  in  a  religious  &  peaceable 
mailer,  to  y^  intents  &  purposes  by  his  Maj''^  &  ye  adventur- 
ers therein  pfessed,  oner  all  psons,  matters  &  things,  soe  gained 
by  jDurchase  or  conquest,  at  yo'"  owne  pper  costs  &  charges, 
according  as  yo''selues  informed  you  had  already  done.  Now 
whateuer  is  soe  jo'^^,  we  haue  neither  purpose  nor  desire  to 
oppose,  hurt  or  hinder  in  y®  least :  but  w^  ourselues  (by  like 
lawfiill  meanes)  haue  attained,  as  to  inheritances  or  jurisdicon 
as  a  distinct  colony,  vpon  o""  most  solemne  &  religious  couen*^^, 
soe  well  knowne  to  his  Maj'>e  &  to. all,  we  must  say  that  we 
doe  not  find  in  y®  Pattent  any  coinand  giuen  to  you,  nor 
phibition  to  vs  to  disolue  couen^s  or  alter  the  orderly  settle- 
ments of  New  England,  nor  any  sufficient  reason  why  we  may 
not  soe  remayne  to  be  as  formerly.  Alsoe  yo""  begifiing  to 
pcure  and  pceeding  to  improoue  the  Pattent  without  vs  doth 
confirme  this  beleife ;  but  rather  it  seemes  y*  a  way  is  left  open 
to  vs  to  petition  for  y^  like  fauo'",  &  to  enter  o"^  appeale  from 
your  declared  sence  of  y^  Pattent,  &  signify  o""  greiuances. 
Yet  if  it  shall  appeare  (after  a  due  &  full  information  of  o"" 
state)  to  haue  beene  his  Maj^ies  pleasure  soe  to  vnite  vs  as 
you  vnderstand  the  Pattent,  we  must  submitt  according  to 

*  The  original  letter  is  not  preserved. 

60 


474  RECORDS   OF  THE  [1662 

God;  but  for  y^  p^sent  we  canot  answ  otherwise  then  o"^ 
comittee  hath  done,  &  likewise  to  make  y^  same  request  vnto 
you,  that  we  may  remaine  distinct  as  formerly,  &  may  be 
succoured  by  you  as  confederates,  at  least  that  none  occasion 
be  giuen  by  yo''selues  for  any  to  disturb  vs  in  o^"  ancient  set- 
tlem'%  vntill  y*  either  by  y^  Hono^''^  M^  Winthrop,  by  o""  other 
confederates,  or  from  his  Maj^'e^  y^-Q  may  be  resolued  herein. 
All  which  meanes  are  in  o^  thoughts  to  vse,  except  you  p^vent, 
for  y*"  gaineing  of  a  right  vnderstanding,  &  to  bring  a  peacea- 
ble issue  or  reconcilem*^  of  this  matter,  &  we  wish  you  had 
better  considered,  then  to  act  soe  suddenly  to  seclude  vs  from 
pattent  priuilidge  at  first,  if  we  are  included  as  you  say,  and 
to  haue  soe  pceeded  since  as  may  seeme  to  giue  advantage 
vnto  dissaffected  psons  to  slight  or  disregard  oathes  &  couen^s, 
[336]  and  ||  thereby  to  rend  &  make  diuision,  manage  con- 
tention &  troubles  in  ye  towneships  &  societies  of  this  colony, 
&  yt  about  religious  worships  as  y«  inclosed  complaint  may 
declare,  which  seemes  to  vs  a  great  scandall  to  religion  before 
the  natives  &  p^judiciall  to  his  Majt'^s  pious  intention,  as  alsoe 
to  hold  forth  a  series  of  meanes  very  opposite  to  y^  end 
prtended,  &  very  much  obscured  from  y''  beauty  of  such  a 
religious  &  peaceable  walking  amongst  English  brethren,  as 
may  either  invite  the  natives  to  y'^  Christian  faith,  o"^  vnite  o"^ 
spirits  in  this  juncture,  &  this  occasion  giuen  before  any  con- 
viction tendered,  or  publication  of  j"  Pattent  amongst  vs,  or 
soe  much  as  a  treatie  w'^^  vs  in  a  Christian,  neighborly  way  ; 
noe  pftence  for  o^  disolution  of  gouermt^  till  then  could  ration- 
ally be  imagined.  Such  carriage  may  seeme  to  be  against  the 
advise  &  mind  of  his  Maj''^  in  the  Pattent,  as  alsoe  of  yo'' 
hono'"<i  Govern"^,  &  to  cast  reflect  vpon  him,  when  we  compare 
these  things  with  his  I'res  to  some  here,  for  the  avoyding 
whereof  we  earnestly  request  that  the  whole  of  what  he  hath 
written  to  yo''selues,  soe  far  as  it  may  respect  vs  in  this  busines, 
may  be  fully  comunicated  to  o^"  veiw  in  a  true  coppy  or  tran- 
script of  y*"  same.  We  must  pf&sse  o"" seines  greiued  hereat,  & 
must  desire  &  expect  yo""  efectuall  endeavors  to  repaire  these 
breaches  &  restore  vs  to  o"^  former  condition  as  confederates, 
vntill  y*^  by  all  or  some  of  these  wayes  intimated  we  may 


1662]  JURISDICTION   OP   NEW   HAVEN.  475 

attaine  a  cleare  resolution  in  this  matter.     Vnto   what   we 
haue  herein  ppoiinded,  we  shall  adde  that  we  doe  not  in  ye 
least  intend  any  dislike  to  his  Maj^'^^s  act,  but  to  shew  o'^  sence 
of  yo'"  actings,  first  &  last  soe  much  to  o""  detrim',  &  to  mani- 
fest the  consequent  efects  to  Gods  dishonor,  as  alsoe  to  giue 
you  to  know  how  we  vnderstand  the  Pattent,  hopeing  that  you 
will  both  candidly  construe  &  freindly  comply  with  o'^  desires 
herein,  &  soe  remoue  the  cause  of  o'"  distraction  &  sad  afliction 
that  you  haue  brought  vpon  tliis  poore  colony,  then  shall  we 
forbeare  to  giue  you  further  trouble,  &  shall  pray  to  y''  God  of 
spirits  to  grant  vs  all  humility  &  to  guide  vs  with  his  heauenly 
wisdome  to  a  happy  issue  of  this  affayre  in  loue  &  peace,  rest- 
ing, Gent':  yo""  very  loueing  freinds  &  neighbours, 
y^  freemen  of  the  Colony  of  Newhauen, 
^  James  Bishop,  Secretary,  in  y*"  name  and 
by  order  &  consent  of  y*^  Comittee  &  freemen 
of  N:  Hauen  Colony. 
Postscript?    We  have  alsoe  thought  fit.  to  send  o*"  reasons 
inclosed  which  are  the  ground  of  this  answ"^  we  returne,  & 
desire  the  whole  may  bee  read  &  coihunicated  to  y''  Gen^i 
Assembly,  intreating  an  answ  with  all  convenient  speed,  or 
from  ye  Comittee  if  soe  impowered. 

[Then  succeed  six  entire  blank  pages.] 

[The  General  Assembly  of  Connecticut  at  their  session  March  11,  1662-3,  "  voted 
and  desired  the  Dep:  Gouernor,  Mr.  Math:  Allyn,  Capt.  John  Talcot,  and  L'  Jo: 
Allyn,  and  for  a  reserue  to  y"  Slaior,  Mr.  Willys,  as  a  comittee  to  goe  downe  to  N: 
Hauen,  to  treat  w''^  C  hono'''^  and  lo :  freinds  about  settling  their  vnion  and  incorpora- 
tion wih  this  Colony  of  Conect :  And  in  case  the  comittee  cannot  efl'ect  an  vnion, 
according  to  ins'tructions  giuen  them  by  the  court,  that  then  they  indeauour  to  settle 
a  peace  in  the  plantations  vntil  such  time  as  they  and  we  may  be  in  a  further  capacity 
of  issueing  this  difference,  and  to  act  in  referenc  hei-evnto  as  they  iudge  most  meet." 
It  was  further  ordered  "that  in  case  the  comittee  doe  not  issue  an  agreem'  w'''  N. 
Hauen  gent:  according  to  their  instructions,  before  their  returne,  that  then  all  propo- 
sitions and  instructions  fromy«  court,  respecting  vnion  w'^  that  people  are  void  and  of 
none  eflect."     Trumb.  Col.  Rec.  Conn,  i,  396. 

In  consequence  of  the  foregoing  votes  the  following  correspondence  took  place 
between  the  agents  of  the  two  colonies. 

[In  the  hand-^vriting  of  John  Allyn,  Conn.  Rec.  Miscellaneous,  i.  Doc.  69.] 

Some  proposals  to  y^  gent:  of  N.  Hauen,  &c,  in  refference  to  y  firnae 
setlement  &  incorporation  w'''  us  of  Conecticutt. 
1".  "We  shall  in  no  Avise  infringe  or  disturbe  them  in  their  order  of 


476  RECORDS  OF  THE  [1662 

church  gouerment,  prouided  we  remaine  free  from  any  impositions 
from  y"  supreem  powei's  of  England. 

2.  That  those  whoe  haue  been  of  y"  magistracy  in  N.  Hauen  Colony 
shall  be  inuested  w"'  full  power  to  gouern  the  people  w"'in  those  limits 
untill  o'  gen"  assembly  in  May  next. 

3.  That  there  shall  yearly  be  nominated  to  election  a  proportiona- 
ble number  of  Assistants  in  y"  plantations  of  N.  Hauen,  Millford, 
Branford  &  Guilford,  as  shalbe  for  y''  rest  of  y*  plantations  in 
o'  colony. 

4.  That  those  whoe  haue  been  freemen  of  N.  Hauen  Colony  shall 
be  forthw"'  admitted  freemen  of  o"  corporation,  unles  any  person  be 
justly  excepted  against  unto  us. 

5.  That  N.  Hauen,  Milford,  Branford,  Guilford,  shall  be  a  distinct 
county  wherin  y""  shall  be  chosen  yearly  such  ciuill  officers  as  may 
cary  on  all  causes  of  judicater  amongst  themselues  w''''  extend  not  to 
life,  limbe  or  banishment. 

6.  That  ther  shall  be  once  a  year  at  y'  least,  a  court  of  assistants 
at  N.  Hauen,  to  preuent  unnecessary  trouble  &  expence  to  those  that 
doe  appeal  from  y"  sentence  of  y"  former  court,  &  to  hear  &  determine 
all  matters  y'  respect  life,  limbe  &  banishment. 

7.  That  each  of  y*"  forementioned  townes  shall  have  liberty  to  send 
two  of  there  freemen  as  deputies  to  o'  next  gen"  assembly. 

9.  That  in  case  these  o''  proposalls  be  not  accepted  before  o"  depart- 
ure then  y''  are  to  be  Uoyd  and  of  noe  effect. 

8.  W'euer  priuiledges  els  you  shall  propound  consonant  to  y*  tenour 
of  o''  charter  Ave  shalbe  ready  to  atend  you  therein. 

N.  Hauen,  March  20,  '6|.  Math:  Allyn, 

Sam:  Willys, 
John  Allyn. 

Agiist  y^  26,  63,  we  exprest  o^selues  willing  to  conjirme  these 
priueledges  to  ^  upon  y^  scl  inhabitants  of  A^.  II.,  31.,  S;  G. 

[Answer  of  New  Haven,  in  the  handwriting  of  William  Jones,  Misc.  i,  Doc.  70.] 

"Whereas  we  discerne  by  the  order  of  the  generall  court  of  Connec- 
ticut, dated  March  the  11%  166f,  that  the  gent',  theire  comittee  were 
limited  to  conclude  at  this  p'^sent  meeting  w'**  vs,  otherwise  theire 
pow""  ceases  ;  our  answear  in  generaU  is  that  we  are  not  in  a  capacity 
soe  to  doe. 

1.  First,  because  we  are  vud'  an  apeale  to  y'  king  wherevnto  we 
doe  adheare,  and  therefore  cannot  act  contrarily  w'^'out  dishono"  to  his 
maj''"  &  p'judice  to  o'  owne  right  vntill  his  royali  determinaqon  be 
knowne  in  the  question  depending  betweene  vs. 

2.  Because  we  cannot  in  conscience  conclude  to  dissolve  o""  distinct 
colony  by  vniting  w'''  Connecticut  w"'out  the  express  consent  of  the 
oth"  coloneyes  declared  from  theire  generall  courts  respectively. 

3.  Because  we  are  limitted  by  o""  freemen  not  to  conclude  any  thing 
for  altering  o"^  distinct  colony  state  and  governm'  w'''out  theire  consent. 

Yet  shall  we  in  order  to  an  yssue  betwixt  vs  w"'  love  &  peace, 
yf"^  we  desire  them  by  all  loving  cariages  to  promove,  (in  the  interim 


1663]  JUEISDICTION   OP   NEW  HAVEN.  ■      477 

of  o"^  delibera^on,)  consider  of  theire  proposiqons  &  comunicat  them 
to  o'  freemen,  as  we  may  have  a  convenient  oportunity. 

But  whereas  we  observe  in  theire  proposicons  y'  Stamford  is  left 
out,  as  if  it  were  noe  member  of  vs,  we  must  &  doe  pfess  o'selvs  vnsat- 
tislied  w"'  that  omission,  because  we  a[)'hend  o'selvs  bound  to  seek  & 
pvide  for  theire  liberties  &  comforts  as  o'  owne.  Willm  Leete, 

Newhaven  20"^  of  1"  M°,  (||.)        in  the  name  of  our  Comittee.] 


[343]  Att  a  GeneIi  Court  held  att  New  Hauen  for  the 

JURISDICON,   THE    6*    OF   MaY,    1663. 
PJ^SENT, 

Deputies. 
The  Govern"-,  L:  John  Nash,  K     ^t  tt 

Deputy  Governs  James  Bishop,  \  f^^'  ^=  S^^^^^" 

Mr.  Jones,  ^  RMi:  Baldwin,  |  ^''  ™«^d- 

m/t''';    [Magistrates.  Mr.  Robt  Kitchill,  for  Guilford. 

Mr.  Treat,  f      ^  M^.  Rich:  Law,. )  ^     ^^      pa 

Mr.  Crane,  j  John  Holly,      j  ^^^  Stamford. 

L:  Sam''  Swaine, 


Laurence  Ward,    ^  ^r  Branford. 

The  Gouernr  informed  the  court  of  y*'  state  of  things  in  refer- 
ence to  Comiecticott  &  how  the  comittee  had  acted,  &  ye  ppo- 
salls  of  ye  gent'  of  Connecticott  was  read  with  y^  answr  of  or 
comittee. 

It  was  ppounded  whether  we  should  make  any  alteration  of 
the  vsuall  time  of  our  election,  we  standing  in  ye  state  we  doe 
&  waiting  for  an  answr  to  or  appeale.  After  debate  it  was 
concluded  as  best  to  goe  on  with  or  election  as  formerly  & 
make  noe  alteration,  but  stand  in  y^  same  state  we  were  when 
we  made  or  appeale,  <fe  if  any  thing  should  come  from  Con- 
necticott by  way  of  phibition,  then  to  haue  a  ptest  ready  to 
witnes  against  them,  we  being  vnder  an  appeale  to  his  majt'e. 

It  was  alsoe  ppounded  whether  we  should  not  send  vp  a 
remonstrance  of  or  greiuances  by  their  vnsutable  carriages 
towards  vs  in  y^  state  wherein  wee  are,  it  being  a  question 
whether  the  gene''  assembly  of  Conecticott  is  rightly  informed 
of  ©r  state,  a  draught  whereof  (being  prpared)  was  read  &  well 


478  RECORDS    OF   THE  [1663 

approoued  for  the  substance  of  it,  &  after  debate  vpon  it  was 
by  vote  concluded  to  be  sent,  only  with  alteration  of  some 
passages  therein,  which  was  done  &  sent  to  Major  John  Mason, 
that  by  him  it  might  be  comunicated  to  their  gene''  assembly; 
a  record  whereof  you  haue  entred  here  afterwards. 

There  was  a  Pre  from  M^.  Wiilm  Wells  of  Southhold  to  y^ 
gouernr  now  read  to  y^  caurt,  wherein  was  intimated  y^  sad 
state  of  Southhold  &  yt  ptly  by  the  carriage  of  Capt.  John 
Young  in  reference  to  Coiiecticot,  &c.*  And  it  was  thought 
meete  that  an  answ""  should  be  sent  to  M''.  Wells  to  haue  the 
matteriall  passages  attested  as  well  as  he  can  &  sent  hither,  & 
j^  it  be  signified  to  y'"  y^  they  send  deputies  to  o""  next  gen'i 
court  of  elections,  &  take  notice  of  their  neglect  y^  last  yeare 
&  of  y^  complaints  (that  is  reported)  they  made  against  vs  to 
Connecticott,  as  haueing  noe  power  to  carry  on  ciuill  aflfayres 
amongst  them,  although  the  court  tooke  j^  best  care  they 
could  for  them,  &  sent  y^  same  by  Thomas  Turry  their  mes- 
senger j°  last  yeare. 

One  occasion  of  this  court  being  to  consider  how  jurisdiction 
charges  may  be  defrayed,  the  jurisdiction  being  much  in  debt 
as  y°  treasurer  informed,  there  being  diners  accounts  of 
charges  expended  pi'sented  from  Guilford,  Stamford  &  Bran- 
ford,  which  being  considered  by  this  court,  they  did  allow 
what  they  thought  was  just  &  did  abate  where  they  judged 
necessary;  and  in  reference  to  the  charges  expended  in  y^ 
magistrates  goeing  to  Stamford  &  keeping  court  there,  y*^  see- 
ing part  of  theire  time  was  spent  about  the  Indian  Taphanse, 
[334]  II  it  was  ordered  y-  one  third  part  of  the  charge  shalbe 
borne  by  the  jurisdicon,  &  the  other  two  parts  by  the  towne  of 
Stamford. 

And  considering  yt  y^  jurisdicon  is  much  in  debt,  it  was 
ordered  that  halfe  a  rate  be  leuied  from  y^  seuerall  plantations 
&  pprietors  of  Paugausett. 

*  Complaint  was  also  made  to  Connecticut,  at  the  General  Assembly,  May  14th, 
1G63,  ot  the  unsettled  state  of  Southold  by  re>Son  of  the  ill  carriage  of  several  persons 
there.  Mr.  Mathew  Allyn  and  Mr.  Wyllys  were  therefore  appointed  to  go  to  Long 
Island  and,  with  the  assistance  of  the  other  magistrates  there,  settle  affairs  at  South- 
old,  and  examine  into  the  case  respecting  Mr.  Wells  revolt  since  he  took  oath  to  Con- 
necticut, and  Capt.  John  Young  and  Barnabas  Horton  were  chosen  commissioners  for 
the  town,  "  with  magistraticall  power  upon  the  Island."     Trumb.  Col.  Eec.  i,  400, 402. 


1663]  JURISDICTION    OP   NEW   HAVEN.  479 

As  an  addition  to  the  printed  law  for  diuorce,  this  followe- 
ing  law  was  now  ordered  to  be  published,  viz*,  That  we  this 
Gen'i  Court,  finding  y®  law  for  divorce  already  puided  &  in 
force,  to  be  short  in  some  cases  that  may  fall  out  to  further 
consideracon,  doe  thinke  fit  to  order,  and  it  is  ordered  by  ye 
authority  aforesd,  yt  if  any  husband  haue  or  shall  wilfully 
desert  his  wife  without  her  consent  or  just  necessity,  or  any 
wife  haue  or  shall  soe  desert  &  forsake  y^  husband,  &  such 
wife  or  husband  depart  into  other  or  remote  parts  of  y^  world 
&  remaine  absent  for  the  space  of  seuen  yeares  compleate 
from  y®  time  of  such  departure,  &  the  party  deserted  haue  noe 
certaine  intelligence  of  or  from  y^  other  pty  deserting  to  be 
aliue  &  purposing  to  returne  &  doe  not  returne  in  that  time, 
that  then  it  shalbe  lawfuU  for  y®  pty  soe  disserted  to  sue  forth 
a  diuorce  in  y^  court  of  magistrates,  and  vpon  due  proofs  of 
the  p'"mises  according  to  true  intent  &  purpose  of  this  law  and 
judgm^  giuen  in  court  accordingly,  to  pceede  in  marriage  with 
any  oth"^  pson  according  to  law  pvided  in  case  of  wilfull  disser- 
tion  as  in  1  Cor.  7.  15. 

It  was  alsoe  ordered  that  if  there  be  not  a  seasonable  nom- 
ination of  psons  for  magistracy  from  y"  seuerall  plantations  of 
this  jurisdicon  before  y'^  election,  then  it  shalbe  in  y°  power  of 
y*^  freemen  then  p''sent  to  nominate  &  choose  such  as  may  be 
thought  fitt  &  necessary  for  the  carrieing  on  of  y*^  affayres  of 
y*' jurisdicon  in  y'  respect. 

The  Remonstrance  or  Declaration  sent  to  y®  Gene'i  Assem- 
bly of  Connecticott  Colony  from  this  Court  is  as  followeth,* 
Gent', 

The  professed  grounds  &  ends  of  yo""  &  o^  comeing  into  these 
parts  are  not  vnknowne,  being  plainely  exprest  in  y'=  plogue  to 
yt  solemne  confederation  entred  into  by  ye  4  colonies  of  New 
England,  printed  &  published  to  y®  world,  namely  to  advance 
y®  kingdome  of  o""  Lord  Jesus  Christ,  and  to  enjoy  the  liberties 
of  y®  gospell  in  purity  w^^  peace,  for  which  we  left  o""  deare 
natiue  country  &  were  willing  to  vndergoe  y®  difficulties  we 
haue  since  met  with  in  this  wildernes,  yet  fresh  in  o""  remem- 

*  The  original  is  not  preserved. 


480  RECORDS   OF   THE  [1663 

brance ;  being  the  onely  ends  we  still  pursue,  haueing  hitherto 
found  by  experience  soe  much  of  y®  p^^sence  of  God  with  vs  & 
of  his  goodnes  &  compassion  towards  vs  in  soe  doeing  for  these 
many  yeares.  Yet  considering  how  vnanswerable  our  returnes 
haue  been  to  God,  how  vnfruitfull,  vnthankefull  &  vnholy 
vnder  soe  much  meanes  of  grace  &  such  liberties,  we  canot  but 
[345]  II  lament  y^  same,  judge  o^'selues  &  justify  God,  should 
he  now  at  last  (after  soe  long  patience  towards  vs)  bring  deso- 
lating judgements  vpon  vs  and  make  vs  drinke  of  y'^  dregs  of 
y'  cup  of  indignacon  he  hath  put  into  y®  hands  of  his  people 
in  other  parts  of  y^  world,  or  suffer  such  contentions  (in  just 
displeasure)  to  arise  among  vs  as  may  hasten  o""  calamity  & 
increase  o""  woe,  which  we  pray  the  Lord  in  mercy  to  p^'vent. 
And  whereas  in  y^  pursuance  of  y^  sd  ends,  &  vpon  other  reli- 
gious <fe  ciuill  consideracons,  as  the  security  of  the  interest  of 
each  colony  within  its  selfe  in  wayes  of  righteousnes  &  peace, 
and  all  &  euery  of  y®  sd  colonies  from  y®  Indians  &  other  ene- 
mies, they  did  judge  it  to  be  their  bounden  duty  for  mutuall 
strength  &  helpfulnes  for  y^  future  in  all  their  sd  concernemts 
to  enter  into  a  consociacon  among  themselues,  therevpon  fully 
agreed  &,  concluded  by  and  betweene  y^  parties  or  jurisdiccons 
in  diuers  &  sundry  articles,  &  at  last  ratified  as  a  ppetuall  con- 
federation by  their  seuerall  subscriptions,  wherevnto  we  con- 
ceiue  o''selues  bound  to  adheare,  vntill  with  satisfaction  to  o^ 
judgemts  &,  consciences  we  see  o""  duty,  with  like  vnanimous 
consent  of  y^  confederates,  orderly  to  recede,  leaueing  the  issue 
vnto  the  most  wise  &  righteous  God. 

As  for  y^  Pattent  vpon  yo""  peticon  granted  to  you  by  his 
Majiie,  as  Conecticott  Colony,  soe  far,  &  in  y*  sence,  we  object 
not  against  it,  much  lesse  ag^'  his  Majt^'es  act  in  soe  doeing,  y^ 
same  being  a  reall  encouragem*^  to  other  of  his  subjects  to 
obtaine  y^  like  fauo'"  vpon  their  humble  peticon  to  his  Royall 
Highnes  in  y*"  ptection  of  their  psons  &  purchased  rights  &. 
interests,  is  alsoe  a  ground  of  hope  to  vs.  But  if  the  line  of 
yo'^  Pattent  doth  circumscribe  iliis  colony  by  yo""  contriuem', 
without  o""  cognizance  or  consent,  or  regard  to  y^  sd  confedera- 
con  on  yo"^  parts,  we  haue  &  must  still  testify  against  it,  as  not 
consistent  (in  o""  judgm^)  with  brotherly  loue,  righteousnes  & 


1663]  JURISDICTION   OF  NEW  HAVEN.  481 

peace.  And  y*  this  Colony  (for  soe  long  time  a  confoederate 
jurisdiccon,  distinct  from  yo"  &  the  other  colonies,)  is  taken  in 
vnder  y^  administration  of  y*"  sd  Pattent  in  yo"^  hands,  k  soe  its 
form""  being  dissolued,  &  distinction  ceasing,  there  being  noe 
one  line  or  letter  in  y^  Pattent  expressing  his  Majt'^s  pleasure 
yt  way,  although  it  is  yo""  sence  of  it,  yet  wee  caiiot  soe  api'hend, 
of  which  we  haueing  already  giuen  o''  grounds  at  large  in 
writing,  we  shall  not  need  to  say  much  more,  nor  haue  we 
met  with  any  argumentatiue  or  rationall  conuictions  from  you, 
nor  doe  we  yet  see  cause  to  be  of  another  mind. 

As  for  yo""  pceedings  vpon  p^'tence  of  y^  Pattent  towards  vs, 
or  rather  against  vs,  in  taking  in  sundry  inhabitants  of  this 
colony  vnder  yo>"  ptection  &  gouernem*  whoe  (as  you  say) 
offered  themselues,  from  which  a  good  conscience  &  the  obli- 
gacon  vnder  which  most  of  y"^  stood  to  this  colony  should 
haue  restrayned  them,  without  y°  consent  of  the  body  of  this 
colony  first  had,  &  in  concurrence  with  them,  vpon  mature 
deliberation  k  conviction  of  duty  yet  wanting,  we  canot  but 
againe  testify  against  as  disorderly  in  them,  &  which  admission 
on  yo''  parts  we  conceiue  yo""  Christian  prudence  might  haue 
easily  suspended,  for  pi"vention  of  y^  great  offence  to  y"^  con- 
sciences of  yo""  confederat  brethren,  &  those  sad  consequences 
[346]  which  ||  haue  followed,  disturbing  the  peace  of  o"" 
townes,  destroying  o^  comforts,  k  hazard  of  o'"  Hues  &  liberties 
by  their  frequent  threats  &  vnsufferable  pvokations,  hath  been 
&  is  with  vs  matter  of  complaint  both  to  God  &  man ;  espe- 
cially when  we  consider  that  thus  you  admitted  them,  &  put 
power  into  their  hands,  before  you  had  made  any  ouerture  to 
vs  or  had  any  treaty  with  vs  about  soe  weighty  a  busines,  as  if 
you  were  in  hast  to  make  vs  miserable,  as  indeed  in  these 
things  wee  are  at  this  day. 

And  seeing  vpon  y^  answ  returned  to  yo^  ppositions  made 
by  you  afterwards  of  joineing  with  you  in  yo''  gouernemt,  find- 
ing ourselues  soe  already  dismembred,  k  the  weighty  grounds 
&  reasons  we  then  p^sented  to  you,  we  could  not  p^vaile  soe 
far  with  you  as  to  pcure  a  respite  of  yo''  further  pceedings 
vntill  M"".  Winthrops  returne  from  England,  or  y*^  graunt  of 
any  time  y''  way,  which  was  thought  but  reasonable  by  some 
61 


482  RECOEDS   OF   THE  [1663 

of  yCselues,  &  the  like  seldome  denied  in  warr  to  very  ene- 
mies, we  saw  it  then  high  time  and  necessary  (feareing  these 
beginnings)  to  appeale  vnto  his  Maj^'e,  and  soe  we  did,  con- 
cluding according  to  the  law  of  appeales  in  all  cases  &  among 
all  nations,  that  y""  same  (vpon  yo"^  allegiance  to  his  Maj'y) 
would  haue  obliged  you  to  forbeare  all  further  pcesse  in  this 
busines,  for  o""  owne  parts  resoluing  (notwithstanding  all  that 
we  had  formerly  suffered)  to  sit  downe  patient  vnder  y''  same, 
waiting  vpon  God  for  the  issue  of  our  sd  appeale. 

But  seeing  y'  notwithstanding  all  yt  we  had  pt'sented  to  you 
by  word  &,  writing,  notwithstanding  o^"  appeale  to  his  Maj''^} 
notwithstanding  all  yt  we  haue  suffered,  (by  meanes  of  y* 
power  you  had  set  vp,  viz*,  a  constable  at  Stamford,)  of  which 
informations  haue  beene  giuen  you,  yet  you  haue  gone  further 
to  place  a  constable  at  Guilford,  in  like  maiier,  ouer  a  partie 
there,  to  the  further  disturbance  of  o""  peace  &,  quiet,  a  narra- 
tiue  whereof,  &  of  y^  puokations  &  wrongs  we  haue  met  with 
at  Stamford,  we  haue  receiued,  attested  to  vs  by  diners  wit- 
nesses, honest  men.  We  canot  but  on  behalfe  of  o""  appeale  to 
his  Majt'e^  whose  honor  is  highly  concerned  therein,  and  of  o"" 
just  rights,  but  (as  men  exceedingly  aflicted  k  greiued)  testify 
in  ye  sight  of  God,  angells  &  men,  against  these  things.  Our 
end  therein  being  not  to  pvoke  or  further  any  offence,  but 
rather  as  a  discharge  of  duty  on  o*"  parts  as  brethren  &,  Chris- 
tian confoederates,  to  call  vpon  you  to  take  some  effectuall 
course  to  ease  &  right  vs  in  a  due  redress  of  y^  greiuances 
you  haue  caused  by  these  pceedings,  such,  &  j^  after  you  had 
complemented  vs  with  large  offers  of  pattent  privilidges,  with 
desire  of  a  treatie  with  vs  for  vnion  of  o"^  colonies.  And  you 
know  as  yo""  good  words  were  kindly  accepted,  soe  yC  motion 
was  fairely  answered  by  o""  corhittee,  that  in  regard  we  were 
vnder  an  appeale  to  his  Maj^'e^  that  being  limited  by  o""  free- 
men not  to  conclude  any  thing  for  altering  o^  distinct  colony 
state  &  gouernm'  without  their  consent  and  without  the  appro- 
bation of  the  other  confederat  colonies,  they  were  not  in  pJ'sent 
[347]  capacity  soe  to  treate,  but  ||  did  litle  suspect  such  a 
designe  on  foote  against  vs,  the  efect  whereof  quickly  appeared 
at  Guilford  before  mentioned.     But  we  shall  say  noe  more  at 


1663]  JUEISDICTION   OF   NEW   HAVEN.  483 

this  time,  onely  to  tell  yon  whateuer  we  suffer  by  your  meanes, 
we  pray  y^  Lord  would  help  vs  to  choose  it  rather  then  to  sin 
against  o""  consciences,  hopeing  y*"  righteous  God  will  in  due 
time  looke  vpon  c  afliction,  &  incline  his  Majt'^s  heart  to 
fauo""  our  righteous  cause.  Subscribed  in  y®  name  &  by 

New  Hauen,  May  6',  1663.         order  of  y^  Genei^  Court  of 

Newhauen  Colony, 
^  James  Bishop,  Secretary* 

[The  remainder  of  this  page  and  the  whole  of  the  next  is  blank.] 

[The  General  Assembly  of  Connecticut  at  their  session  May  14, 1663,  took  no  notice 
of  the  receipt  of  this  letter,  but  ordered  that  Robert  Usher  and  John  Megf^s  should 
continue  in  the  office  of  constable  over  those  who  had  submitted  in  Stamford  and 
Guilford,  which  inhabitants  were  directed  to  conduct  themselves  peaceably  and  reli- 
giously, according  to  the  former  order  in  October.  It  was  declared  that  Southold 
should  enjoy  the  same  privileges  as  Southampton,  and  the  court  voted  that  they 
would  not  send  the  Patent  nor  copy  thereof  to  be  read  at  New  Haven.  Trumb.  Rec. 
Conn.  i.  405,  406.1 


[349]     At  a   Court  of  Magistrates  held  at  Newhauen, 
THE  25th  OF  May,  1663. 

P'sent,  the  Gouernf,  Deputy  Gouern'",  M^  Jones,  M'.  Fene, 
Mr.  Treat  &  M-".  Crane. 

The  Court  being  mett  together  but  noe  busines  appeareing, 
the  marshall  gaue  notice  that  if  any  had  any  busines  with  the 
Court  of  Magistrates  they  was  desired  to  attend  it,  but  after 
some  time  of  waiteing  none  appeared,  onely  some  wills  & 
jnuentories  was  p^sented,  as  followeth, 

The  last  will  &  testam*  of  Wilim  Judson  late  of  N.  Hauen 
deceased,  p^sented  in  court,  made  the  20th  of  y^  nineth  moneth 
in  ye  yeare  1661,  confirmed  by  his  owne  marke  &  scale,  & 
prooued  vpon  oath  by  Richard  Miles  &  John  Cooper,  at  a 
court  held  att  Newhauen,  March  3^,  16f  |. 

Alsoe  an  inuentory  of  y^  estate  of  ye  sd  Wiilm  Judson, 
pi'sented  to  ye  court,  amounting  to  y^  sume  of  326'',  08%  04^, 
&  vpon  oath  attested  by  Thomas  Munson  &  John  Cooper  yt  ye 
apprizemt  was  just,  to  y^  best  of  their  light,  taken  Decemb  15^'', 
1662,  &.  prooued  in  court  at  Newhauen,  March  3'^,  16||. 


484  RECOEDS   OF   THE  [1663 

The  last  will  &  testamt  of  M^.  Wiihn  Gibbard  late  of  New- 
haueii  deceased,*  p''seiited  in  court,  made  the  sixth  of  August, 
1662,  confirmed  by  his  owne  hand  &  scale,  and  prooued  vpon 
oath  by  M^  Wiilm  Jones  &  Ellen  Glouer  at  a  court  held  at 
Newhauen,  May  6%  1668. 

Alsoe  an  inuentory  of  y^  estate  of  y  sd  M^  Willm  Gibbard, 
p^sented  to  y*"  court,  amounting  to  y®  sume  of  290^%  07^,  06'^, 
onely  some  accounts  &  debts  not  yet  cleared  &  some  estate  in 
England  not  prized,  taken  the  30'^  of  Aprill,  1663,  &  prooued 
vpon  oath  by  L:  John  Nash  &  Henry  Glouer  that  ye  apprizem* 
was  just,  to  the  best  of  theire  light,  in  court  at  Newhauen,  May 
6t,  1663. 

The  last  will  &  testam*  of  Richard  Hull,  late  of  Newhauen, 
deceased,  p^sented  in  court,  made  the  21^1'  of  August,  1662, 
confirmed  by  his  owne  marke  &  scale,  &  prooued  vpon  oath  by 
M"".  Mathew  Gilbert  &  M^.  Willm  Jones,  at  a  court  held  at 
Newhauen,  January  6*,  1662. 

Alsoe  an  inuentory  of  y"  estate  of  y^  sd  Richard  Hull, 
p''sented,  amounting  to  j^  sume  of  lOl^',  18%  04«i,  taken  the 
23th  of  Decemb:  1662,  &  prooued  vpon  oath  by  Thomas  Mun- 
son  &  Roger  Ailing,  that  y^  apprizem'  was  just  to  y*^  best  of 
their  light,  in  court  held  at  Newhauen,  January  6^,  1662. 

The  last  will  of  Wiilm  Potter,  late  of  Newhauen,  deceased, 
p^sented  to  y*"  court,  made  the  19*'^  of  May,  1662,  &  witnessed 
by  Deacon  Richard  Miles  &  Deacon  Willm  Pecke,  prooued  in 
court  at  Newhauen,  March  3*^,  16||. 

[350]  II  Alsoe  an  inuentory  of  y^  estate  of  y^  sd  Willm  Potter, 
p^^sented  to  y*"  court,  amounting  to  y^  suine  of  161^',  02%  07*^, 
taken  August  y*"  first,  1662,  &  vpon  oath  attested  by  M"". 
Thomas  Yale  &  Dauid  Atwater,  yt  y*"  apprizem^  was  just  to  y^ 
best  of  their  light,  in  court  at  Newhauen,  August  5th,  1662. 

An  inuentory  of  y^  estate  of  Edward  Parker,  late  of 
Newhauen,  deceased,  p^sented  in  court,  amounting  to  y^  sume 
of  1241%  00%  OOd,  taken  the  27th  of  June,  1662,  &  vpon  oath 
attested  by  Roger  Ailing  &  James  Bishop,  yt  y'^  apprizemt  was 
just  to  ye  best  of  their  light,  in  court  at  Newhauen,  July  1^% 
1662. 

*  Mr.  Gibbard  died  August  9th,  1662. 


1 


1663]  JUEISDICTION   OF   NEW   HAVEN.  485 

An  iniientory  of  y^  estate  of  M^  WiHm  Osborne,  late  of 
Newhauen,  deceased,  pi'sented,  amounting  to  y^  sume  of 
231ii,  03%  04'>,  taken  y^  29*^  of  Aprill,  1662,  &  vpon  oath 
attested  by  Deacon  Richard  Miles  &  John  Cooper,  y'  the 
apprizem*  was  just  to  y''  best  of  their  light,  before  y®  court  att 
Newhauen,  June  9"%  1662. 

An  inuentory  of  y®  estate  of  John  Benham,  sen"",  late  of 
Newhauen,  deceased,  pi'sented,  amounting  to  y''  sume  of  ^  , 
taken  the  3'^  of  January,  1661,&  vpon  oath  attested  by  Thomas 
Munson  &  John  Herriman,  that  y^  apprizem*  was  just,  to  the 
best  of  their  light,  in  court  at  Newhauen,  May  6',  1662. 

An  inuentory  of  y*^  estate  of  Samuell  Richards,  late  of  New- 
hauen, deceased,  pi'sented,  amounting  to  02^,  03%  02^,  taken 
the  28th  of  March,  1662,  &  vpon  oath  attested  by  Willm  Rus- 
sell &  Abraham  Dowlitle,  that  y^  apprizem*  was  just,  to  y^ 
best  of  their  light,  in  court  at  Newhauen,  Aprill  l^t^  1662, 

An  inuentory  of  y"  estate  of  Edward  Daniell,  late  of  New- 
hauen, deceased,  amounting  toy®  sume  of  05',  02%  lO'',  taken 
the  2*^  of  Septemb:  1662,  &  prooued  by  the  subscriptions  of  M^. 
Deliverance  Lamberton,  Willm  Gibbins  &  Timothy  Ford,  in 
court  at  Newhauen,  Septemb:  2*1, 1662. 

An  inuentory  of  y®  estate  of  Willm  Luddington,  late  of  New- 
hauen, deceased,  p>"sented,  amounting  to  y''  sume  of  1561%  10% 
OO"!,  vpon  oath  attested  yt  y®  apprizem*  was  just,  to  y^  best  of 
their  light,  by  John  Cooper,  sen%  &  Mathew  Moulthrop,  sen% 
in  court  at  Newhauen,  March  S^,  16|§. 

An  inuentory  of  y"^  estate  of  George  Smith,  late  of  New- 
hauen, deceased,  p^sented,  amounting  to  y*^  sume  of  195^%  03% 
Old,  taken  y°  20th  of  Decemb:  1662,  &  vpon  oath  attested  by 
John  Cooper  &  Roger  Ailing,  that  y®  apprizemt  was  just,  to 
the  best  of  their  light,  in  court  at  Newhauen,  Janua:  6t,  1662. 
[351]  II  An  inuentory  of  y''  estate  of  Robt  Talmage,  late  of 
Newhauen,  deceased,  pi'sented,  amounting  to  y®  sume  of  115'% 
14%  06^,  taken  Octob:  3^,  1662,  &  vpon  oath  attested  by  Roger 
Ailing  &  James  Bishop  that  y®  apprizemt  was  just,  to  y*"  best 
of  their  light,  in  court  at  Newhauen,  Aprill  7th,  1663. 

An  inuentory  of  the  estate  of  Mathew  Row,  late  of  N. 
Hauen,  deceased,  p^sented,  amounting  to  y®  sume  of  117^, 


486  RECORDS   OP  THE  [1663 

14%  02^^^  besides  some  other  things  vnder  question,  taken  the 
5th  of  May,  1663,  &  vpon  oath  attested  by  Wiilm  Andrewes  & 
Roger  Ailing,  that  y®  .apprizem'  was  just  to  y®  best  of  their 
light,  in  court  at  Newhauen,  May  6%  1663. 

The  last  will  and  testam^  of  John  Fletcher,  late  of  Milford, 
deceased,  p^sented  to  ye  court,  made  the  18'^  of  Aprill,  1662, 
confirmed  by  his  owne  hand  &  scale,  &  witnessed  vpon  oath  by 
Mr.  Benjamin  Penn,  M"".  Robert  Treatt  &  George  Clarke,  sen% 
before  y®  court  at  Milford,  March  5*^,  16||. 

Alsoe  an  inuentory  of  y*"  estate  of  y^  sd  John  Fletcher, 
p^'sented,  amounting  to  the  suihe  of  408^1, 15^,  04'^,  taken  the 
13t''  of  May,  1662,  &  apprized  the  most  of  it  &  vpon  oath 
attested  by  Ensigne  Alexander  Bryan,  Jasper  Gunn,  Michaell 
Tompkins  &  Richard  Baldwin  respectiuely  as  they  haue  been 
improoued,  that  the  apprizem*  they  haue  made  is  just,  to  y^ 
best  of  their  skill,  before  the  court  at  Milford,  Decemb:  4^1, 
1662.  p:  Rich:  Baldwin,  Secret. 

The  last  will  &  testam^  of  Thomas  Ford,  late  of  Milford, 
deceased,  p^sented  to  y°  court,  made  the  IS^h  of  May,  1662, 
confirmed  by  his  owne  hand  &  scale,  &  witnessed  vpon  oath 
by  Timothy  Baldwin  &  Joseph  Northrop,  alsoe  George  Clarke, 
junir,  Nicholas  Campe  &  John  Beard  tooke  oath  to  the  truth 
of  ye  same  before  y^  coiirt  at  Milford,  (as  in  y«  pbate  of  y^ 
will,)  June  5th,  1662.  p  Rich:  Baldwin,  Secret. 

Alsoe  an  inuentory  of  the  estate  of  the  sd  Thomas  Ford, 
pi'sented,  amounting  to  the  sume  of  4071',  01%  00^,  taken  & 
apprized  by  Nicholas  Camp  &  John  Beard,  &  vpon  oath 
affirmed  by  them  that  the  apprizem*  was  just,  to  y^  best  of 
their  skill,  before  the  court  at  Milford,  June  5*^,  1662. 

p  Rich:  Baldwin,  Secret. 

The  last  will  &  testamt  of  George  Stokey,  late  of  Stamford, 
deceased,  p''sented  to  y^  court,  made  the  23th  of  August,  1660, 
confirmed  by  his  owne  hand,  &  witnessed  vpon  oath  by  Daniell 
Scofield  &  John  Holly,  before  Rich:  Lawe,  at  Stamford,  the 
25th  of  February,  1660.  ^  Rich:  Lawe. 

[352]  II  The  last  will  &  testamt  of  Thomas  Newman,  late  of 
East-towne,  in  y^  New-Netherlands,  p^sented  to  j"  court  as 
made  the  2^  of  June,  1659,  confirmed  by  his  owne  marke  & 


1663]  JURISDICTION   OP   NEW   HAVEN.  487 

seale,  &  witnessed  vpon  oath,  (before  Rich:  Lawe,  att  Stam- 
ford,) by  Richard  Mills  &  Samuell  Mills,  the  27'^  of  February, 
1660.  Rich:  Lawe. 

An  inuentory  of  the  estate  of  John  Waterbery,  late  of  Stam- 
ford, deceased,  pi'sented  to  the  court,  amounting  to  the  sume 
of  ^  ,  taken  &  prized  by  Richard  Lawe  &  Francis  Bell,  in 
Aprill,  1659,  &  attested  too  by  ye  now  wife  of  Joseph  Garnsy, 
the  24th  of  May,  1661,  att  Stamford.  Rich:  Lawe, 

before  & 

Fra:  Bell. 

An  inuentory  of  y^  estate  of  Gregory  Taylor,  late  of  Stam- 
ford, deceased,  p^sented  to  y^  court,  amounting  to  the  sume 
of  481,  I4s^  06J,  taken  Octob:  first,  15^7,  &  prized  by  Rich: 
Lawe  &  Fra:  Bell,  both  officers  in  authority  in  Stamford,  did 
testify  vpon  oath,  in  co-^t  at  Stamford,  held  y^  14*^  of  June, 
1662,  that  these  goods  within  written  were  p^sented  to  them, 
&  acknowledged  by  John  Waterbery  &  his  wife,  to  be  y^  estate 
which  ye  sd  Gregory  Tailor,  deceased,  had  in  possession,  & 
left  at  ye  time  of  his  death,  but  ye  sd  Waterbery  would  not 
acknowledge  that  this  was  all,  nor  would  he  nor  his  wife 
attest  it  vpon  oath  to  be  a  true  inuentory  of  the  whole  estate. 
Alsoe  the  sd  apprisors  doe  testify  y*  the  apprizem*  is  just, 
according  to  y^  best  of  their  skill.  Rich:  Lawe, 

Fra:  Bell. 

An  inuentory  of  ye  estate  of  Thomas  Hyatt,  late  of  Stamford, 
deceased,  p'^sented  to  ye  court.  This  writing  was  p^sented  in 
co^t  at  Stamford,  June  16'^,  1662,  as  the  true  acco'  of  all  the 
remainder  of  ye  estate  of  Thomas  Hyat,  deceased,  after  the 
losses,  debts  &  just  charges  payd,  which  sd  account  amounts 
to  ye  sume  of  1321,  02%  03^,  whereof  the  widdowes  thirds  is 
44ii,  &  then  there  remaines  in  ye  hands  of  Cornelius  Jones, 
the  sume  of  88i',  02%  03^,  as  portions  to  be  diuided  amongst 
six  children,  according  to  law.  Rich:  Lawe^ 

Francis  Bell. 

The  Co^t  agreed  about  goodwife  Finch  that  what  Newhaven 
court  had  allowed  in  the  inventory  it  should  be  payd  her  out 
of  Westerhouse  his  estate  for  the  use  of  the  child,  pvided  it  be 
not  carried  out  of  the  jurisdiccon. 


488  RECORDS   OP  THE  [1663 

[353]  At  a  Court  of  Elections  held  at  New  Hauen  for 
THE  Jurisdiction  the  27^^  of  May,  1663, 
Mr.  Wilim  Leete  chosen  Gouern'', 
M^  Mathew  Gilbert  chosen  Deputy  Gouern'", 
M^  Wiilm  Jones  chosen  Magistrate  for  Newhauen, 

M^:  RobiTTrS?'''  S  '^^^'^^  Magistrates  for  Milford, 

Mr.  Jasper  Crane  chosen  Magistrate  for  Branford, 

The  Gouernr  &  M"".  Fenn  chosen  Comissionf^  &  M"".  Jones 

a  S^  man  in  case  need  require. 

They  all  tooke  oath  for  the  yeare  ensueing  or  vntill  our 

foundation  settlemt^  bee  made  null. 

Roger  Ailing  chosen  Treasurer,  "j  All  for  y^  yeare  ensue- 
James  Bishop  chosen  Secretary,  >  inge  with  the  caution 
^Abraham  Dowlitle  chosen  Marshall,  )  before  p^mized. 


At  a  GenIJ  Court  held  at  Newhauen  for  the  Jurisdic- 
tion, the  27th  OP  May,  1663. 

P^SENT, 

Deputies. 
The  Gouerns  Thomas  Munson,  j  ^^^  ^^^  ^^^^^^ 

Deputy  Gouern',  James  Bishop,       ) 

Thomas  Welch,    )  ^     ■^r.-.r.    -, 
Mr.  Jones,  ^  Richard  Baldwin,  j  ^^^  ^^^^^^^- 

M"".  Fenn,  [  n/r  •  j  ^  M^.  Rob*^  Kitchell,  )  n  n  -m?  j 
Mr.  Treat,  p^°*^^^^^^^-  George  Bartlet,  '  |  ^r Guilford. 
Mr.  Crane,  j  L:  Fra:  Bell,  for  Stamford. 

L:  Sam^i  Swaine,  )  ^     r.      ^    ^ 
Laurence  Ward,  r^^^^^^f^^^- 
The  Deputies  presenting  their  certificates  were  accepted, 
wherein  it  appeared  that  all  were  chosen  for  the  yeare,  onely 
Milford  &  Branford  for  the  prsent  session. 

The  Gouernr  told  the  court  tjiat  they  knew  how  wee  stood 
in  reference  to  Connecticott  Colony,  &  y'  there  was  a  comittee 
apointed  for  y^  last  yeare,  therefore  ppounded  whether  they 
would  impowr  ye  same  againe,  which  being  voted,  it  was  con- 


1663]  JURISDICTION   OF  NEW  HAVEN.  489 

eluded  both  for  y^  same  psons  &  the  same  power  as  the  last 
yeare. 

Vpoii  information  of  y*"  complaints  of  sundrie,  of  the  diffi- 
culty of  obtaineing  shooes  for  ye  supply  of  the  necessity es  of 
their  families  by  reason  of  the  sending  away  of  hides  &  leather 
out  of  this  jurisdiccon,  this  court  did  now  see  cause  to  order, 
and  it  is  ordered,  that  from  k  after  the  publication  hereof,  noe 
raw  hide  or  hides  be  transported  out  of  this  jurisdiccon  by  any 
[354]  pson  or  psons  whatsoeuer,  vpon  a  penaltie  of  the  ||  for- 
feiture of  such  hide  or  hides  or  the  valew  thereof.  And  alsoe 
yt  noe  taiied  hides  or  leather  be  soe  transported  except  it  be  in 
pay  for  the  like  valew  in  raw  hides  to  be  imported.  And  that 
noe  tanned  hide  or  hides  be  soe  exported  before  y  same  be 
entred  w'^  such  officer  as  the  plantation  court  shall  appoint  to 
this  trust,  vpon  the  like  penalty  aboue  expressed,  to  be  layd  & 
leuied  vpon  the  offender  or  offendors  vpon  complaint  made  to 
&  proofe  before  y^  sd  court,  the  one  halfe  of  the  sd  penalty  to 
ye  informer  &  y^  other  halfe  to  the  publike. 

The  order  formerly  made  concerning  troopi's  was  now 
repealed,  &  their  psons  &  horses  to  be  entred  into  j^  rate,  & 
it  was  desired  that  the  furniture  might  be  kept  fit  for  seruise. 

It  is  alsoe  ordered,  (y'  finding  the  jurisdiccon  to  be  much 
in  debt,)  that  to  a  halfe  rate  layd  May  6',  (63,)  (but  not  pub- 
lished,) there  be  another  halfe  rate,  which  is  in  all  one  single 
rate,  to  be  leuied  vpon  all  y^  plantations  of  this  jurisdiccon  & 
pprietors  of  Pagausett,  two  parts  of  which  rate  is  to  be  payd 
in  Octob:  next,  &  the  other  third  part  in  March  next  after,  to 
the  jurisdiccon  treasurer  or  his  order,  in  such  pay  &  at  such 
prizes  as  the  last  yeare. 

The  Court  considering  how  to  pvide  for  Stamford,  bro:  Bell 
informed  the  court  that  the  freemen  desired  to  bee  as  they 
were  the  last  yeare,  vpon  which  Leiftenn*  Francis  Bell  &  Rich: 
Lawe  was  chosen  deputies  for  Stamford  for  the  ensueing  yeare 
&  invested  w^h  the  same  power  as  the  last  yeare,  &  L:  Fra: 
Bell  now  tooke  oath  w^h  the  same  caution  as  the  magistrates 
did,  &  was  to  administer  the  oath  to  Rich:  Lawe. 

The  busines  concerning  the  custome  &  excise  for  wine  & 
strong  liquors   was  left  with  the  magistrates  of  Milford  to 
62 


490  RECOKDS   OF  THE  [1663 

agree  with  Ensigne  Bryan  as  well  as  they  could  for  this 
yeare. 

The  sallaryes  of  the  gouern'"  &  deputy  gouern'"  was  left  to 
further  consideration. 

The  Court  agreed  w^^  Roger  Ailing  for  all  the  wampom 
left  in  his  hands  (as  jurisdiccon  treasurer,)  to  let  him  haue  it 
for  thirty  pound  in  jurisdiccon  pay. 

A  motion  was  made  by  Rich:  Baldwin,  of  Milford,  on  the 
behalfe  of  Leiftenn*  Wheeler  liueing  about  Paugausett,  for  his 
admittance  vnder  this  colony,  which  was  well  accepted,  &  the 
court  was  willing  to  encourage  it  but  desired  to  speake  w*^ 
Leiftenn^^  Wheeler  himselfe,  vpon  which  he  came  into  the 
court  &  the  gouern'"  moued  it  to  him  &  he  answered  to  this 
purpose  as  foUoweth,  viz':  That  there  was  a  motion  from  him- 
selfe prsented  to  this  court  formerly  by  Serj*  Baldwing,  where- 
in he  shewed  his  willingnes  to  come  vnder  this  jurisdiccon  & 
his  spirit  hath  not  altered,  but  onely  there  hath  been  some 
demurre  since,  Stratford  laying  some  claime  to  the  place,  & 
some  ground  of  it  was  that  he  being  at  Stratford  one  time, 
there  came  report  as  if  the  Indians  had  robbed  his  house  & 
killed  his  servant,  vpon  which  he  hastened  away  himselfe  & 
desired  noe  helpe,  but  M^  Wells  being  then  officer  there  sent 
some  helpe  after  him,  &  comeing  home  found  it  not  soe  as 
was  reported,  but  tooke  some  Indians  &  carried  them  away,  & 
since  y'  they  haue  layd  claime  to  mee,  as  being  an  ayd  to  mee, 
[356]  II  but  I  told  y""  yt  I  intended  to  submitt  ye  place  to 
one  of  ye  colony es  &  had  ppounded  it  to  New  Hauen ;  they 
told  him  he  need  not  trouble  himselfe  for  he  was  within  y^ 
bounds  of  their  towne,  then  he  told  y"  if  they  layd  out  their 
line  &  found  it  soe  he  should  submitt,  but  they  onely  came  vp 
to  the  great  river  &  went  noe  further ;  after  this  they  leuied 
his  rate  for  M^  Blackman,but  he  told  y^  yt  he  would  pay  Mr. 
Blackman  but  not  in  submission  to  y'",  but  y'  which  he  did 
was  in  a  voluntary  way. 

After  this  it  was  desired  they  would  p^sent  their  minds  in 
writeing,  which  was  done  by  Rich:  Baldwin  &  is  as  followeth, 
viz' ;  That  there  having  been  in  this  court  a  former  tender  & 
treaty  about  Leiftenn'   Thomas   Wheelers  standing  related 


1663]  JURISDICTION   OP  NEW   HAVEN.  491 

vnder  the  account  of  Paugausett  to  this  jurisdiccon,  the  co''"^ 
now  being  more  fully  informed  j^  all  y  land  from  y^  sd  Leif- 
tenn^s  meadow  vpwards  for  a  considerable  length  betweene 
Potatuque  River  and  Nagatunk  River  is  vnder  a  grant  vnto  y^ 
pi"sent  purchasers  of  Paugasett,  whereby  the  sd  Leiftenn*  is  fully 
included  w*^  y^  rest  of  Paugasett  in  this  jurisdiccon,  which 
this  CO""*  doe  declare  to  be  their  sence  of  his  standing  related 
to  this  colony,  &  doe  expect  y''  he  as  the  rest  of  the  inhabitants 
of  Paugasett  doe  yeild  &  acknowledge  all  duty  &  service  to 
this  jurisdiccon;  which  vpon  the  grounds  before  mentioned 
the  sd  Leiftenn'  Tho:  Wheeler  doth  submitt  vnto. 

The  Court  considering  of  y^  writeing  did  put  it  to  vote,  & 
soe  thereby  was  accepted. 

[The  General  Assembly  of  Connecticut,  August  19th,  1663,  appointed  the  Deputy- 
Governor,  Mr.  Wyllys,  Mr.  Daniel  Clarke  and  John  AUyn,  "  to  treat  w'^  C  honoured 
freindsof  N:  Hauen,  Milford,  Branford  and  Gilford,  aboute  setling  their  union  and 
incorporation  w'li  this  Colony,"  and  impowered  them  to  act  according  to  the  instruc- 
tions given  the  committee  sent  to  New  Haven  in  March  preceding.  If  they  could  not 
effect  a  union,  they  were  publicly  to  declare,  "  That  this  Assembly  cannot  well  recent 
their  proceeding  in  ciuill  gouerra'  as  a  distinct  jurisdiction,  being  included  within  the 
charter  graunted  to  Conecticut  Corporation;  and  ]il<ewise  they  are  publikly  to 
declare  that  this  Asso.mbly  doth  desire  and  cannot  but  expect  that  the  inhabitants  of 
New  Hauen,  ]\Iilford,  Branford,  Guilford  and  Stanford,  do  yeild  subjection  to  the 
gouerm'  here  establisht  according  to  the  tennor  of  o''  charter,  which  is  publiquely  to 
be  read  in  New  Hauen."     Trumb.  Rec.  Conn.  i.  407. 

In  consequence  of  the  foregoing  vote,  the  following  correspondence  took  place  be- 
'  tween  the  committees  of  the  colonies. 

[Conn.  Rec.  Misc.  i.  71.    In  the  handwriting  of  William  Jones.] 

iV.  Hauen  Comite  proposalls,  August  26,  1663. 
To  y'  bono'"''  Comittee  from  y'  Gen"  Assembly  of  C-onnecticut,  M'. 

Willis,  M^  Clark  &  M\  Allen. 
Gen',  In  ord'  to  a  freindly  treaty  &  amicable  composure  of  matters 
in  difference  between  vs,  we  earnestly  desire  you  wold  restore  vs  to 
o"  intire  colony  state  by  disclaiming  y'  pty  at  Gilford  &  Stamford,  & 
&oe  doing  we  offer  the  following  queries  to  yo'  consideracon,  as  matter 
for  such  treaty,  viz', 

1.  Wheth''  y'^  fundamentall  lawes  for  governm',  especially  y'  touch- 
ing the  qualificacons  of  freemen  shalbe  the  same  w"'  Boston  or  our, 
(i.  e.)  members  of  some  one  or  oth'  of  o'  churches. 

2.  Wheth"'  o"'  church  ord'  &  priviledges  shall  not  be  infringed  nor 
disturbed,  &  that  both  y°  choice  &  calling  in  of  ministers  in  each 
plantaQon  be  established  a  church  right  for  eu'. 

3.  Wheth''  all  o'  p'sent  freemen  shall  be  forthw'^  admitted  &  im- 
powred  to  act  as  yo'  owne  freemen  to  all  intents  &  purposes. 


492  EECORDS   OP  THE  [1663 

4.  Wheth''  any  of  o'  form'  adjqons*  in  o"'  distinct  col:  state  shalbe 
liable  to  appeales  or  be  called  iu  question. 

5.  Wheth.'  we  shalbe  imediatly  established  a  distinct  county  &  to 
have  soe  many  magistrats  as  necessary,  4  at  least,  w'*"  a  p'sident 
chosen  y'^ly  by  o""  owne  county  court,  togeth""  w'*"  oth."  inferior  officers 
to  be  nominated  by  o'"selvs. 

6.  Wheth'  any  apeales  shalbe  at  any  tyme  allowed  from  o''  countye 
court  in  ordinary  cases,  vnles  to  o"  owne  court  of  assistance,  &  y'  vpon 
waighty  grounds  &  w""  good  cauqon,  to  p'vent  trouble  &  charge  to 
the  country. 

7.  Wheth'  there  shall  not  be  a  court  of  assistance  at  Newhaven 
yearly,  or  oftner  if  need  require,  to  try  capitall  causes  &  heare  such 
appeales,  consisting  of  o'  owne  &  such  oth'"  magistrats  as  we  shall 
desire  by  order  fro  o"  p'^sident. 

8.  Wheth"  all  o"^  p'^sent  magistrats  &  officers  shall  remaine  in  full 
pow'  to  govern  the  people  as  form'ly,  vntill  new  be  orderly  chosen  at 
y"  next  eleccon  court  after  this  agreem^ 

9.  Wheth'  all  rates  &  publiq"  charges  graunted  or  levied  or  due  in 
each  colony  before  this  agreem',  be  paid  &  discharged  by  the  inhabit- 
ants pporconably  in  a  distinct  way,  &  not  oth'wise. 

10.  Wheth"  at  y"  next  elleccon  there  shalbe  a  comittee  chosen  & 
apointed  off  yo"^  &  o"^  ablest  ministers  &  oth"^  freemen  to  consult  & 
p''pare  a  body  of  lawes  out  of  yo"^  &  o"  lawes  most  consonant  to  scrip- 
ture. 

11.  Wheth"  vntill  such  a  body  of  lawes  be  framed  &  agreed  vpon 
anew  mutually,  all  matters  in  o"  townes  &  courts  shalbe  yssued  &  don 
according  to  o'  owne  lawes  as  form'ly. 

12.  Wheth"  all  o"  plantacons  according  to  their  aunciently  reputed 
&  received  bounds  shall  not  soe  remaine  vnalterably  but  receive  con- 
fermaqon  by  autority  of  the  pattent. 

That  such  treaty  shall  not  be  binding  to  vs  w^ut  consent  of  o" con-" 
federats  &  gen"  court  of  freemen. 

Wheth"  y^  freemen  in  each  of  o"  townes  may  not  make  ord"'  for 
y"  towne  affaires. 

These  impfect  queries  we  at  p"sent  offer  to  yo'  consideraqon,  reserv- 
ing libty  to  ppound  w'  furth"  we  shall  see  needfull,  allowed  by  the 
pattent.  Willm  Leete,  in  the  name  &  w""  consent 

of  y*"  Comittee. 

[Conn.  Rec.  Misc.  i.  72.    In  the  handwriting  of  Daniel  Ciarke.] 

O  proposals  in  ansvf  to  y^  queries  p^sented  from  N.  H.  Comittee, 

Agst.  27,  63. 
In   answer  to  y^  queries    propounded   to    o"   consideraqo   by   the 
hono"''  Comittee  of  N.  H.  we  p'sent, 

In  referenc  to  the  proceedings^f  the  Assembly  at  Conecticutt, 
Octob"  last,  in  enterteineing  sev""  y'  p"sented  themselues  from  Guil- 
ford &  Stanf:,  desireing  to  submit  to  o"  gou"m',  wch  (tho  accordinge 

*  Adjudications. 


I 


1663]  JURISDICTION   OF   NEW   HAVEN.  493 

to  o""  charf  we  appi-ehend  we  had  power  to  admit  of  them  or  any 
oth'  w'liin  o'  p'cincts,  yet)  consideratis  considerandis,  pro  modo  et 
ordine,  we  shall  grant  y'  prudent  considerations  might  haue  directed 
vs  in  y'=  first  place  to  haue  had  some  treaty  w'h  o'  hono"^  freinds  of 
these  plantations  for  an  ord'ly  setlinge  of  themselues  w"''  vs  into  a 
body  politique  accordinge  to  o'  charter,  and  therfore  we  are  ready  to 
retract  those  comissions  y'  haue  bene  giuen  to  any  persons  y'  haue 
bene  setled  in  publ.  imploy  eith"^  at  G:  or  St:.  And  it  is  o"^  earnest 
desire  that  noe  former  conceaued  inuries  on  yo'  part  or  on  o"  may 
obstruct  o"^  proceedings  w'"'  you  to  an  amicable  settlement  of  vnion  as 
one  corporation  and  w'h  clemency  and  candidnes  each  part  may 
accept  such  proposals  as  are  p'^sented  to  prudent  and  serious  consid- 
eration. And  we  doe  herby  declare  the  propensity  and  readines  of 
o'  sp"  fully  and  finally  to  obliterate  the  memoriall  of  all  form"  occa- 
sions administered  to  vs  as  matt'  of  greiuance  or  offence  respecting 
any  of  you. 

1.  For  y"  first  qufe,  we  answ"^  that  the  patterne  or  foundation  from 
w'h  we  cannot  vary  is  o"  charter,  nor  dare  we  admit  of  any  fundam''' 
varying  from  y"  teno"^  thereof,  but  w'  lawes  may  be  concurring  there- 
with and  conduceable  to  y"  publique  weale  of  church  and  state  we  are 
ready  to  grant  y"  establishm'  thereof,  &  pticularly  for  quallification  of 
freemen  we  are  ready  to  grant  that  they  shalbe  men  of  a  religious  car- 
riage visibfy  soe,  haueing  and  possessing  some  competency  of  estate, 
and  shal  bring  a  certificate  affirmatiue  that  they  are  thus  quallified  from 
y""  deacons  of  y"  church  and  two  of  y"  select  men  of  y''  towne  where 
they  Hue,  and  if  there  be  noe  deacons,  then  some  other  knowne  & 
approued  persons  w'h  y*"  selectmen  as  before. 

2'^.  That  y"  ch.  ord'  and  privilidges  w'hin  these  plantations,  N.  H: 
M.  B:  G:  &  St:  shal  not  be  infringed  or  disturbed  by  vs  or  any  from 
vs,  and  that  y^  choice  and  call  of  the  ch.  officers  in  each  planta:  shal 
remaine  a  church  right  foreuer. 

3.  That  vpon  o"  and  yo"^  vnion  all  y"  present  freemen  w'hin  these 
plantat^  shalbe  fortwith  invested  w'''  full  power  to  be  and  act  as  free- 
men of  Conect:  corporation  iu  all  concerns. 

4.  That  all  former  transactions  in  courts  and  administrate  as  a  dis- 
tinct jurisdiction  shalbe  totally  freed  from  future  callings  into  question 
in  y"  court  at  Conecticut  or  elce  where  w"'in  o"'  precincts,  vules  any 
thinge  controuersall  be  at  p''sent  dependant  in  the  court  here. 

5.  That  y°  plantat'  forementioned  be  imediately  vpon  o"'  vnion  estab- 
lished a  distinct  county,  and  to  haue  soe  many  officers  as  may  be  suffi- 
cient to  cany  on  matt"  of  civil  judicature  as  a  county,  and  shall  haue 
power  to  try  and  issue  all  cases  accordinge  to  y'  teno""  of  o'  charf,  pro- 
vided that  such  cases  as  respect  life,  limb,  banishm'  or  totall  confisca- 
tion, shalbe  issued  by  a  court  of  assistants  w*"''  shalbe  once  a  yeare  or 
oftn''  if  any  thing  extraordinary  fall  out  w"'in  any  these  plantations 
necessitateing  the  same,  w"''  court  of  assistants  shal  consist  of  such  as 
are  chosen  and  ordeined  yearly  for  these  plantations,  whereof  one 
shalbe  y"  presd'  of  y"  county  or  moderator  of  the  courts  kept  in  this 
county  and  chosen  to  y'  place  by  the  civil  officers  y'  attend  the  county 
courts ;  vnto  w'*"  officers  for  y'  constituteing  of  y"  court  of  assist'  shalbe 


494  RECORDS   OP  THE  [1663 

added  3  assistants  out  of  tbe  corporation  such  as  shalbe  yearly  ap- 
pointed therunto  by  the  gen"  assembly  held  in  May,  and  such  as  are 
greiued  at  yf  sentence  of  y"  county  court  shall  haue  liberty  vpon  good 
caution  to  appeale  to  y''  court  of  assistants ;  and  y'  all  cases  tried  by 
this  court  or  the  county  court  depend'  twixt  partie  and  partie  respect- 
ing damadge  to  y''  sum  of  40'  or  vpwards,  and  likewise  capitall  crimes 
and  offences  shalbe  tried  by  a  jury  either  of  six  or  twelue  freemen, 
according  as  y"  nature  of  y"  case  require,  but  in  capitall  cases  by  a 
jury  of  twelue  at  all  times.  And  further  that  all  civill  officers  except 
assistants  or  comissioners  shalbe  yearly  chosen  by  themselues  for  and 
w'hin  the  precincts  of  the  plantations  aforesaid. 

6.  That  y^  Wor"  M'.  Leet,  M^  Gilbert,  M^  Jones,  M^  Fen,  M^ 
Treat  and  M''.  Crane,  be  and  remaine  in  magistraticall  power  w"'m 
this  county,  and  any  three  or  more  of  them,  as  they  see  cause,  to  haue 
power  to  keep  a  county  court,  they  chuseing  out  from  amongst  them- 
selues a  moderator  pro  tempore,  in  y"  presidents  absence,  whom  we 
hereby  nominate  to  be  Wor"  M'.  Leet  for  the  county,  and  this  to  stand 
in  force  vntill  an  orderly  election  of  officers  at  generall  election  in 
May  next,  at  w*"''  time  the  freemen  of  these  plantations  shall  nominate 
their  proportion  of  assistants  w"'  other  plantations  in  this  corporation 
to  be  put  to  election ;  and  such  as  shalbe  yearly  chosen  by  the  free- 
men to  that  place,  together  w"'  such  as  the  gen"  assembly  shall  comis- 
sionate  w'hin  these  plantations  shal  for  future  carry  on  civil  judicature 
w'hin  the  county,  &  they  being  chosen  and  sworne  to  chuse  out  of 
themselues  a  presid'  for  that  yeare. 

7.  That  vntil  y"  election  in  May  next,  all  matf's  of  civil  judicature 
w"'in  this  county  shalbe  issued  and  determined  according  to  y*"  lawes 
that  haue  bene  form'ly  established  by  N.  H.  Assembly,  or  such  as  are 
in  force  in  y''  Corporation  as  y'^  officers  of  this  county  see  cause  to 
attend,  being  noe  way  repugnant  to  the  teno'  of  o''  chart'. 

8.  That  y"  neighbouringe  plantations  either  on  y*"  Island  or  maine 
shall  haue  liberty  to  appeale  from  the  sentenc  of  their  courts  vnto 
y'^  court  of  assistants  held  at  N.  H.  as  before  declared. 

9.  We  mutually  approue  of  a  comittee  of  the  ablest  psons  y'  may 
be  had  amongst  yo''selues  and  vs  to  compact  a  Body  of  Lawes  out  of 
o''  and  yo"^'  that  maybe  most  sutable  to  further  the  establishm'  of  peace 
and  righteousnes  and  the  vpholding  of  a  well  ordered  gouei^m'  in 
church  and  state. 

10.  That  y"  ancient  reall  and  established  bounds  between  plantation 
and  plant:  shal  for  euer  be  and  remaine  vnalterable. 

11.  That  y^  freemen  of  these  plantat^  shall  haue  power  to  chuse  all 
publ  country  officers  except  assistants,  to  weet,  comission''s,  deputies 
and  constables.  As  for  selectmen  who  are  to  ord"^  the  civil,  pruden- 
tiall  affiiires  of  the  respectiue  townes,  they  to  be  yearly  chosen  by  a 
maior  vote  of  the  approued  inhabitants,  w"*  other  necessary  towne  offi- 
cers in  y'  respect:  pi:  in  this  county,  y 

12.  That  all  publ:  charges  and  levies  due  for  time  past  and  vntil 
this  instant  shalbe  defrayed  by  the  respectiue  townes  in  this  county  as 
formerly,  and  for  those  severall  psons  Av"'in  this  county  that  haue  sub- 
iected  to  Conecticut  gouerm'  that  they  shal  also  be  rated  after  the 


1663]  JTJEISDICTION  OP  NEW   HAVEN.  495 

sum  of  a  penny  p  pound  for  their  rateable  estates  w""  y^  rest  of  y"  in- 
habitants in  their  respectiue  townes  as  before  exprest. 

Vnto  these  proposals  we  whose  names  are  subscribed  desire  a 
returne  from  the  hono"^  Comittee  whether  you  are  willing  to 
accept  of  them,  to  y''  settlement  of  yo'  vnion  w'"'  o""  corporation. 
N.  Haven,  27  August,  1663.  Sam"  Willys, 

Dan:  Clark, 
John  Allyn. 


[Nothing  having  been  concluded  between  the  committees  of  the  two  colonies,  at 
the  meeting  of  the  Commissioners  of  the  United  Colonies  at  Boston,  September  3-19, 
the  following  proceedings  took  place.] 

The  complaint  of  the  Com''  of  New  Hauen,  in  behalfe  of  that  Colony 
humbly  presented  to  the  rest  of  the  honoured  com"  for  their  aduice, 
ayd  &  succour  as  follow'eth. 

Viz:  That  sundry  of  the  inhabitance  of  seuerall  of  o'^  townes  haue 
been  taken  under  the  gouerment  of  Conecticutt,  &  by  them  encouraged 
to  disowne  o'  authoraty.  They  refuse  to  obserue  there  oaths  of  fidel- 
ity, to  atend  o""  courts  or  meetings  caled  by  o'  authoraty,  or  to  performe 
other  dutys  w ''  the  rest  of  o"  people,  &  so  our  setled  order  &  peace  is 
much  prejudiced. 

2.  That  constables  or  officers  are  by  Conecticutts  authority  ap- 
poynted  &  set  up  amongst  us,  whoe  are  uery  troublesome  to  us. 
These  things  &  the  sad  consequences  thereof  are  soe  agreiuing  to  the 
generality  of  o"^  people,  &  like  to  bring  forth  such  uncomtbrtable 
effects,  that  we  cannot  but  present  the  matter  to  your  serious  consid- 
eration, to  take  some  effectuall  course,  that  such  actings  may  be  recaled 
&  forborne,  &  the  articles  of  confederation  duely  obserued  towards  us 
a  distinct  colony,  your  obseruant  confederates. 

In  the  name  of  the  Colony  of  New  Hauen,  W"  Leete, 

Bostown,  17"^  Sept',  1663.  Benj:Fenn. 

An  answer  to  N.  Hauen  Gent". 

The  Com"  for  Conecticutt  doe  conceiue  that  there  is  no  such  cause 
of  complaint  at  present  from  N.  Hauen  as  hath  bin  mentioned  in  their 
paper,  there  haueing  bin  diners  freindly  treaties  about  the  matters  in 
difference,  &  veiy  amicable  ppositions  &  tenders  formerly  &  now 
againe  uery  lately  propounded  by  a  comittee  from  the  courte  of 
Conecticutt,  who  had  of  late  a  freindly  conferrence  upon  it  w^**  y" 
comitty  of  N.  Hauen,  &  a  coppye  of  those  ppositions  were  presented 
now  by  M'.  Willys,  one  of  y*"  magistrates  &  one  of  the  s''  comittee  of 
Conecticutt,  &  the  sayd  amicable  ppositions  were  now  read  to  all  the 
com'^'^  &  not  disliked  by  them,  &  we  hope  they  are  yet  in  a  fayre  way 
of  farther  treaty  towards  a  freindly  compliance,  &  are  assured  that 
the  court  at  Conecticutt  did  neuer  intend  to  doe,  nor  will  doe,  any 
injury  or  wroung  to  them,  but  will  be  ready  to  attend  all  just  & 
freindly  wayes  of  loue  &  corrispondence ;  &  whateuer  hath  ben  now 


496  RECORDS   OF  THE  [1663 

suggested  by  way  of  compl"',  we  doubt  not  but  they  will  returne  a 
faire  &  sattisfactory  answer  to  them  when  they  haue  notice  thereof. 
Sept'  n\  1663.  John  Winthrop, 

John  Tallcott. 

New  Hauens  replye. 
The  Com"  of  N.  Hauen  Colony  cannot  approue  of  the  answer  or 
appolegie  of  Conecticutt  Com",  in  saying  that  they  conceiue  there  is 
no  ground  for  o'  complaint,  the  case  being  as  related,  &  can  proue 
nothing  being  done  to  reuerss  or  sattisfy  upon  that  acco',  or  pmised 
but  conditionally,  &  in  treaty  onely,  wherein  we  haue  &  doe  desire  to 
carry  as  amicably  towards  them  as  they  towards  us  ;  but  how  it  should 
be  sayd,  that  the  court  of  Conecticutt  neither  intended  nor  would  doe  us 
any  wrounge,  while  such  injuries  as  are  complained  off  are  not  righted, 
nor  yet  absolutely  promised  soe  to  be,  wee  see  not,  &  therefore  cannot 
but  desire  the  sence  of  the  com"  upon  the  acting  complained  of,  while 
its  not  knowne  how  farr  those  ppositions  mentioned  will  be  sattisfac- 
tory to  o"  people,  nor  what  issue  will  be  attayned  for  se'tlement  of 
affaires  according  to  confederation,  (in  case,)  which  we  still  cleaue 
unto.  W™  Leete, 

Benj:  Fenn. 

The  answer  of  the  Massachusets  &  Plimoth  to  the  complaint  of 

New  Hauen  is  as  followeth. 
The  Com"  of  the  Massachusets  &  Plimoth,  haueing  considered  the 
complaint  exhibited  by  N,  Hauen  against  Conecticutt  for  infringing 
there  power  of  jurisdiction,  as  in  the  sd  complaint  is  more  perticulerly 
expressed,  together  w"'  the  answer  returned  thereto  by  Conecticutt 
Com""^  w""  some  other  debates  &  conferences  that  haue  passed  between 
them,  doe  judg  meet  to  declare,  that  the  sayd  Colony  of  N.  Hauen 
being  owned  in  the  articles  of  confederation  as  distinct  from  Conecti- 
cutt, &  haueing  bin  soe  owned  by  the  colonyes  joyntly  in  this  present 
meeting  in  all  there  actings,  may  not  by  any  act  of  violence  haue 
there  liberty  of  jurisdiction  infringed  by  any  other  of  the  Vnited  Col- 
onyes w'''out  breach  of  the  articles  of  confederation,  &  that  where  any 
act  of  power  hath  bin  excerted  against  there  authority,  that  the  same 
ought  to  be  recalled  &  there  power  reserued  to  them  intire,  untill 
such  time  as  in  an  orderly  way  it  shall  be  otherwise  disposed;  &  for 
perticuler  greiuences  mentioned  in  their  complaint,  that  they  be  refer- 
red to  the  next  meeting  of  j"  com"^^  at  Hartford,  where  Conecticutt 
haueing  timely  notice,  may  giue  there  answer  thereto,  vnless  in  the 
mean  time  there  be  an  amicable  vniting  for  the  establishment  of  their 
peace,  the  w"*"  we  are  perswaded  will  be  uery  acceptable  to  the  neigh- 
bouring colonies.  Simon  Bradstreet,  President, 

-^Tho:  Danforth, 
Tho:  Prince, 
Josi:  Winslowe. 

Rec.  U.  Col.  Sept.  1663. 


1663]  JUEISDICTION   OF   NEW   HAVEN.  497 

[The  General  Assembly  of  Connecticut  met  on  the  8th  of  October.  They  adminis 
ered  the  oath  of  constable  to  Francis  Browne  for  the  town  of  Stamford,  and  appointed 
Mr.  Willys  and  the  Secretary  to  write  a  letter  to  New  Haven,  declaring  that  the  court 
could  do  no  less  for  their  own  indemnity  than  to  manifest  their  dissatisfaction  with 
the  proceedings  of  New  Haven,  Milford,  Branford,  &c.,  in  their  distinct  standing  from 
them  in  point  of  government,  "  It  being  directly  opposite  to  the  tennor  of  the  Charter 
lately  granted  to  or  Colony  of  Connecticutt,  in  w<=i'  Charter  these  plantations  are  in- 
cluded. Wee  allso  do  expect  their  submission  to  C  gouerment,  accordmg  to  C  Char- 
ter and  his  Majestyes  pleasure  therin  exprest,  it  being  a  stated  conclution  of  the 
comi-s  that  jurisdiction  right  allwayes  goeth  w"'  patent.  And  whereas  the  afoarsd 
people  of  New  Hauen,  &c.  pretend  they  haue  power  of  gouerment  distinct  from  us, 
and  haue  made  seuerall  complaints  of  wroungs  receiued  from  us,  we  doe  hereby  de- 
clare that  o"'  councill  will  be  ready  to  attend  them,  or  a  committee  of  theirs,  and  if  they 
can  rationally  make  it  appear  that  they  haue  such  power,  and  that  we  have  wrounged 
them,  according  to  their  complaints,  we  sh.all  be  ready  to  atend  them  w""  due  sattis- 
faction."     Tramb.  Rec.  Coim.  i.  415.1 


At  a  Court  of  Magistrates  held  at  Newhauen,  Octob: 
21th,  1663. 

P'"sent,  the  Governor,  Deputy  Governor,  M^  Jones,  M"". 
Fenn,  M^  Treat  &  M^  Crane. 

An  attachement  haueing  been  graunted  to  George  Adams,  of 
Branford,  vpon  some  estate  of  M'".  Jefferd,  of  Ling,  which  was 
found  in  this  jurisdiccon,  George  Adams  aforesd  now  apeare- 
ing  was  asked  what  he  had  done  in  giueing  notice  to  M"".  Jef- 
ferd aforesd  for  his  attendance?  He  answ^d  he  had  sent  to 
him  but  it  was  soe  lately  that  it  was  not  likely  he  could  attend 
this  co''t,  therefore  he  desired  the  busines  might  be  respited  to 
ye  next  co'"'^  of  magistrates  till  y*'  man  may  haue  sufficient 
notice  &  he  gaine  further  euidence  for  himselfe  in  the  case, 
but  he  desired  y'  he  might  haue  y^  horse  into  his  custody 
which  was  attached  &  he  would  give  in  security  for  him, 
because  the  horse  lay  now  vpon  charge. 

The  Court  considering  of  the  case  did  conclude  that  George 
Adams  giueing  in  security  in  a  bond  of  twenty  pound  to  saue 
the  court  harmeles  &  to  answer  the  case  at  y  court  of  magis- 
trates in  May  nest,  &  w^euer  dainages  may  ensue  herevpon, 
vpon  this  the  horse  was  to  bedelivered  to  him,  that  soe  further 
charges  be  not  expended  on  him. 

James  Bishop,  (attornie  for  M'^  Luoie  Farneden,)  haueing 
63 


498  RECORDS   OF  THE  [1663 

made  claime  vpon  the  estate  of  M^s.  Elizabeth  Godman, 
(deceased,)  now  in  the  hands  of  Thomas  Johnson,  desired  of 
the  court  right  in  the  case,  &  for  that  end  p'^sented  a  letter  of 
attornie  from  M^s.  Farneden  aforesd,  w^h  a  certificate  vnder 
the  hand  of  a  justice  of  the  peace  that  shee  was  the  onely 
naturall  sister  of  M''^ 

[The  Eecord  remains  thus  incomplete,  and  to  this  succeed  two  entire  blank  pages.] 

[358]     A  true  coppy  or  record  of  Governor   Winthrop  his 

letter  to  Major  John  Mason,  ^  y'  rest  of  y    Court,  SfC. 
Gentlemen, 

I  am  informed  by  some  gentlemen,  (whoe  are  authorised  to 
seeke  remedy  here,)  that  since  you  had  y^  late  Patent  there 
hath  been  injury  done  to  y*^  governm*  of  Newhaven,  &  in  par- 
ticular at  Guilford  &  Stamford,  in  admitting  of  severall  of  y^ 
inhabitants  there  unto  freedome  w^h  you  &  appointing  officers, 
wliich  hath  caused  divisions  in  y^  sd  townes,  which  may  prove 
of  dangerous  consequence  if  not  timely  prevented,  though  I 
doe  hope  y''  rise  of  it  is  from  misunderstanding  &  not  in 
designe  of  prejudice  to  y*^  colony,  for  whom  I  gave  assurance 
to  their  friends  that  their  rights  &  interests  should  not  be  dis- 
quieted or  prejudiced  by  the  Patent,  but  if  both  governmts 
would  w"^  unanimous  agreem'^  unite  in  one,  their  friends 
judged  it  for  advantage  to  both.  And  further  I  must  let  you 
know  that  testimony  here  doth  affirme  that  I  gave  assurance 
before  authoritie  here,  that  it  was  not  intended  to  meddle  with 
any  towne  or  plantation  y'  was  settled  under  any  other  gov- 
ernm* ;  had  it  been  any  otherwise  intended  or  declared,  it  had 
been  injurious  in  takeing  out  y«  Patent  not  to  have  inserted  a 
proportionable  number  of  their  names  in  it.  Now  upon  y*^ 
whole,  haveing  had  serious  conference  w"'  their  friends  author- 
ised by  them,  &  w*'^  others  whoe  are  friends  to  both,  to  p'vent 
a  tedious  &  chargeable  tryall  &  uncertaine  event  here,  I  prom- 
ised them  to  give  you  speedily  this  representation  how  farre 
you  are  ingaged,  if  any  injury  have  been  done  l)y  admitting 
of  freemen  or  apointing  officers,  or  any  other  imjust  intermed- 
ling  w'''  N.  Haven  Colony  in  one  kind  or  other  without  y^ 
approbation  of  y«  governm*,  that  it  be  forthwith  recalled,  &  y* 
for  future  there  wilbe  noe  imposing  in  any  kind  upon  them, 
nor  admitting  of  any  members  tv^'^out  mutuall  consent,  but  yt 
all  things  be  acted  as  loveing  neighbouring  colonyes,  as  before 
such  Patent  graunted;  &  unto  this  I  judge  you  are  oblieged, 
I  haveing  ingaged  to  their  agents  here  y'  this  wilbe  by  you 


I 


1663]  JURISDICTION   OF  NEW   HAVEN.  499 

pformed,  &  they  have  thereupon  forborne  to  give  you  or  mee 
any  trouble,  but  they  doe  not  doubt  but  upon  future  consider- 
ation there  may  be  such  a  right  understanding  between  both 
governm^s  y*  an  union  &  friendly  joineing  may  be  establislied 
to  y^  satisfaction  of  all,  "w^^  at  my  arrivall  I  shall  alsoe 
endeavor  (God  willing)  to  promote.  Not  haveing  more  at 
p'sent  in  this  case,  I  rest,  Yo^  humble  servant, 

London,  Mar.  S'^,  1662.  John  Winthrop. 

Supscription, 

For  Major  John  Mason,  Deputy  Governor  of  Coiiecticutt 
Colony  &  ye  rest  of  y^  court  there  at  Hartford,  dd. 

[359]     A  true  coppy  of  his  Mnf'''  U  to  the   Governors  Sf 
Assistants  of  y  Massachusets,  Plimonth,  Neiv  Hauen, 
Connecticutt  Colonies^  in  New  Etig^lmid,  folloiveth, 
Charles  R. 

Trusty  and  welbeloved  wee  greet  you  well,  whereas  we  haue 
been  given  to  vndcrstand  that  o""  good  subjects  Thomas  Chif- 
finch,  John  Scott,  Jolni  Winthrop,  Daniell  Denison,  Symon 
Bradstreete,  Thomas  Millet,*  Richard  Smith,  Edward  Hutch- 
inson, Amos  Richardson,  John  Alcocke,  William  Hudson,  and 
their  associats  having  in  the  right  of  Major  Asherton,  a  just 
ppriety  in  the  Narragansett  countrey  in  New  England,  by 
graunts  from  the  native  princes  of  that  countrey,  and  being 
desirous  to  improve  it  into  an  English  colony  &  plantation  to 
the  enlarging  of  o""  empire  and  the  coiTion  good  of  o^  subjects, 
they  are  yet  daily  disturbed  and  vnjustly  molested  in  their 
possession  &  laudable  endeavours  by  certaine  vnreasonable  & 
turbulent  spirits  of  Providence  Colony  of  New  England  aforesd, 
to  the  great  scandall  of  justice  &  governmt  and  the  eminent 
discouragem*  of  that  hopefull  plantacon,  wee  haue  therefore 
thought  fitt  hereby  effectually  to  recoinend  the  said  proprietors 
to  yo^  neighborly  kindnes  and  protection,  (the  pprietors  to  be 
pmitted  peaceably  to  improve  their  colony  and  plantacon  in 
New  England,)  willing  you  to  be  on  all  occasions  assisting  to 
them  against  such  vnjust  oppressions  &  molestations,  that  soe 
they  may  be  secured  in  the  full  and  peaceable  enjoyments  of 
their  said  countrey  according  to  the  right  and  title  they  have 
to  it,  wherein  we  will  not  doubt  of  yo""  readines  and  care,  and 
shall  on  all  good  occasions  express  how  gratiously  we  accept 
of  yo""  compliance  with  this  our  recomendation,  and  soe  we  bid 

*  Although  here  recorded  Mllet,  yet  in  a  copy  of  the  same  letter  certified  by 
"  James  Bishop,  Seer."  and  sent  to  Connecticut,  (For.  Cor.  i.  2,)  the  name  is  written 
Willett,  which  is  correct.    The  name  Asherton  below  should  read  Atherton. 


500  RECORDS   OF   THE  [1663 

you  farewell.    Given  att  our  court  att  Whitehall,  the  21'h  (jay 
of  June,  1663,  in  y^  fifteenth  yeare  of  our  raigne. 

By  his  Majties  comand, 

Henry  Bennett. 
His  Majties  signe  manuell  annexed. 
Endorsed  &  directed  as  followeth, 
To  our  trusty  and  well^eloved  subjects,  the  Governors  & 
Assistants  of  y«  Massachusetts,  Plimouth,  New  Hauen, 
and  Connecticutt  Colonyes,  in  New  England. 
Examined  by  the  originall, 
p  me,  W'n  Jones. 


[360]  At  a  GenIi  Court  held  at  Newhauen  for  the  Juris- 

DiccoN  the  22th  OF  OCTOB.  1663. 

P'SENT. 

Deputies. 
The  Governor,  L: John  Nash,    j  ^^^  ^,^^  ^^^^ 

Deputy  Governor,  James  Bishop,  ) 

Thomas  Welch,     )  -^.-.r-    ^ 
Mr.  Jones,     ^  Richard  Baldwin,  j     ^  ^^  ' 

Mr.  Fenn,       [31ag-is-      M>-.  Robt  Kitchell,  )  q^^ji^j.^^ 
M'".  Treat,       ftrates.       George  Bartlet, 
Mr.  Crane,     J  Mr.  Rich:  Lawe, 


George  Slawson,   *" 

L:  Sam'i  Swaine,  )-n,     ^    ^ 

Lawrence  Ward,  ) 

The  Court  being  mett  togethr,  the  governor  informed  them 
y'  the  comittee  had  sent  a  letter  to  Coiiecticutt  lately,  since 
their  returne  from  y*^  comissioners  which  is  as  followeth, 
Honord  Gent: 

Seeing  that  it  hath  pleased  the  Almighty  whoe  is  or  defence, 
(at  this  session  of  the  comissionrs,)  not  to  suffer  any  mine  to 
spring  for  subverting  that  ancient  wall  of  New  Englands  safety 
which  himselfe  hath  erected  vpon  the  foundation  of  or  soe 
solemne  &  religious  cofoederation,  but  further  vnanimously  to 
establish  the  same,  wee  thought^t  might  not  be  vnacceptable 
on  or  part  to  prsent  you  w^^  our  request  at  this  season  of  yor 
gen^'  assemblyes  meeting,  that  you  would  observe  to  doe 
according  to  their  conclusions,  reminding  to  recall  all  &  euery 
of  yor  former  acts  of  a  contrary  tendency  and  please  to  signify 


1663]  JURISDICTION   OF  NEW   HAVEN.  501 

the  same  to  vs  before  our  gen'^  court  held  the  22*^  instant, 
whoe  will  then  expect  it  before  they  returne  answer  to  yo^ 
comittees  pposalls.  Yof  cordiall  &  ready  attendance  vnto  this 
o""  request  (we  conceiue)  wilbe  noe  obstruction  to  an  amicable 
treaty  for  comply ance,  but  rather  the  contrary  if  the  Lord 
shall  please  to  owne  &  succeed  such  endeavors  as  meanes  for 
the  better  flourishing  of  religion  &  righteousnes  w'^  peace  in 
this  wildernes.  And  we  canot  appi'hend  yt  you  need  to  feare 
any  damage  to  yo*"  pattent  hereby  from  his  Majesties  takeing 
offence  at  soe  honest  a  carriage,  there  being  noe  express  inter- 
diction of  Newhauen  Colony  inserted  therein,  nor  any  intendmt 
of  yo""  agent  to  haue  it  soe  injuriously  carried  against  vs,  and 
now  alsoe  haue  you  y^  encouragement  of  all  yo""  confederates 
to  apollogise  vpon  y*^  account  in  case  any  turbulent  spirits 
should  suggest  a  complaint,  whom  the  righteous  God  can  coun- 
termand &  disapoint,  to  whose  wisdome  &  grace  we  recomend 
you  &  all  yo^  weighty  concernem's,  resting  Gentlemen, 

Yo"^  very  loueing  &  expectant  confederates, 
The  Comittee  for  N.  H.  Colony, 
By  James  Bishop,  Secretary. 
New  Hauen,  Octob.  6th,  1663. 

Alsoe  y^  conclusions  of  the  comissionrs  in  reference  to  this 
colony  was  read  to  the  court,  with  M"".  Winthrops  letter 
(which  is  alsoe  recorded  in  page  ^  )  viz^:  a  transcript  of  w* 
he  wrote  to  y^  court  at  Hartford. 

The  Deputies  alsoe  signified  the  mind  of  y*=  freemen  as  not 
at  all  satisfied  with  Cohecticutts  comittees  pposalls,but  thought 
there  should  be  noe  more  treaty  w-^  y"  vnless  they  first  restore 
vs  to  our  right  state  againe. 

The  matter  was  largely  debated,  &  the  court  considering 
[361]  how  they  of  ||  Coiiecticutt  doe  cast  off  o^  motion  in  y^ 
forementioned  letter  &  giue  vs  noe  ansW,  but  that  contrary 
therevnto  is  reported  as  that  they  haue  further  encouraged 
those  at  Guilford  &  Stamford,  therefore  this  court  did  now 
order  that  noe  treaty  be  made  by  this  colony  w'^^  Coiiecticutt 
before  such  acts  of  power  exerted  by  them  vpon  any  of  o"" 
townes  be  revoaked  &  recalled,  according  to  Hono'"''  M"".  Win- 
throps letter  engaging  the  same,  the  comission"  advice,  &  our 
frequent  desires. 

It  is  ordered  that  y^  magistrates  or  other  officers  where 
there  is  noe  magistrate,  doe  giue  forth  their  warrants  accord- 


502  RECORDS  OP  THE  [166B 

ing  to  law,  to  attach  &  make  seizure  of  such  psonall  estate  in 
pportion,  for  the  paymt  of  their  rates,  who  vpon  legall  demand 
made,  haue  or  shall  refuse  the  same,  &  that  y^  orders  pvided 
in  case  of  distresses  he  carefully  attended,  provided  y'  for  the 
pt'servation  of  the  publique  peace,  in  case  of  resistance  &  forci- 
ble sescue,  violence  be  not  vsed  to  occasion  y^  shedding  of 
bloud  saving  in  their  owne  defence,  but  y*  such  officer  or  offi- 
cers soe  by  force  of  armes  resisted  in  discharge  of  their  duty, 
make  report  of  such  resistance  &  rescue  with  sufficient  proofe 
to  y^  magistrate  or  magistrates,  or  other  officer  of  the  planta- 
tion where  it  happens,  in  due  season,  to  be  p'^sented  to  the 
generall  court. 

After  this  the  court  came  to  consider  first,  whether  it  was 
nol  necessary  for  vs  to  vse  meanes  to  England  for  our  legall 
settlemt  ?  &  after  serious  debate  it  was  concluded  as  necessary. 
2.  What  way  or  meanes  might  be  best  for  y'  end  ?  After 
large  debate  therevpon,  it  was  concluded  as  best  for  vs  and 
most  feaseable  as  ye  case  now  stands  w^^  vs  that  we  seeke  a 
letter  of  exemption  from  his  Maj^y  &  to  leaue  the  matter  con- 
cerneing  a  pattent  in  o''  instructions  to  our  agents  in  England 
as  they  shall  judge  best. 

Now  for  the  obtaineing  of  this,  it  is  ordered  that  a  rate  of 
three  hundred  pounds  be  leuied  vpon  all  the  plantations  in 
this  jurisdiccon  &  pprietors  of  Paugasett,  in  such  pay  as  other 
rates  but  att  })rice  currant  w*^^  the  marchant,  &  in  this  rate 
noe  pson  to  be  exempted.  This  to  be  payd  to  any  that  shall 
disburse  moneyes  vpon  this  account  vpon  convenient  notice 
given  &  demanded,  the  money  appeareing  to  be  payd. 

Now  for  the  managing  of  this  affayre,  a  cofhittee  was  judged 
necessary  to  draw  vp  matters  into  forme  &  send  to  some  agents 
in  England  whom  they  judge  fittest,  and  for  this  end  y^  gov- 
erno''  &  the  magistrates  &  elders  of  Newhauen,  with  M''. 
Bache,  were  appointed  a  cofhittee  for  this  affayre. 

It  is  ordered  that  y^  28'^  of  this  moneth  be  kept  a  day  of 
solemne  &  publique  thankesgivepig  for  y  mercies  of  the  yeare 
past  (throiigh  this  colony)  pticularly  for  a  comfortable  harvest 
&  health,  &  y'  yet  y^  gospell  &  liberties  thereof  is  continued 
to  vs  &  our  peace  lengthened  out  in  this  our  p^sent  vnsettled 


1663]  JTJEISDICTION   OP  NEW  HAVEN.  503 

state,  with  sundry  successes  giuen  to  our  endeavors  in  order 
therevnto ;  alsoe  that  the  Lord  by  his  merciful!  pvidence,  who 
euer  watches  ouer  his  people,  hath  been  pleased  to  giue  them 
some  breathing  time  in  y^  enjoyment  of  present  liberties  not- 
withstanding their  feares. 

[362]  II  It  is  ordered  that'  the  11*'^  day  of  the  next  moneth 
com  only  called  November,  be  set  apart  for  extraordinary 
humiliation  &  seeking  of  God  by  fasting  &  prayer  in  ye  behalfe 
of  the  aflicted  people  of  God  through  the  world,  &  yt  he  would 
looke  towards  vs  in  our  exercised  condition  <fe  guide  to  the 
right  vse  of  meanes  for  our  settlement  &  giue  a  blessing  to  w* 
endeavors  shalbe  vsed  for  yt  end. 

It  was  ppounded  to  the  court  that  they  would  againe  encour- 
age a  small  troope,  which  they  thought  might  be  very  vsefnll, 
&  it  was  sd  y*^  Leiftenn^  Wheeler  was  willing  to  encourage  the 
buisines.  The  co^t  vnderstanding  y'  L:  Wheeler  was  in  y® 
ordinary  did  send  to  speake  w*'''  him,  whoe  comeing  into  y® 
court  &  being  desired  to  speake  his  thoughts  concerneing  it,  he 
declared,  that  he  looked  vpon  it  as  very  vsefull  &  necessary,  & 
thought  the  countrey  was  wanting  to  themselues  in  yt  they 
did  improoue  noe  more  in  y"^  way,  for  he  should  choose  to 
lessen  the  foote  company  to  strengthen  the  horse,  especially  if 
an  adversary  had  horse.  He  being  asked  if  he  had  been  excer- 
cised  in  y*  way  ?  answered  that  his  ability  was  but  litle,  some- 
thing he  had  done  in  it,  &c,  and  being  asked  of  his  disposition 
&  inclination  to  y^  worke,  answ'^'i  that  he  lined  something 
remote  &  it  would  be  a  pfjudice  to  him  to  attend  it  but  he 
would  rather  deny  himselfe  then  the  buisenes  should  ly  still 
for  want  of  his  helpe.  The  co"^'  declared  themselues  willing  to 
encourage  him  &  the  worke,  &  ordered  that  if  any  would  fur- 
nish themselues  as  troopers,  being  approved  by  the  authority 
&  military  officers  in  each  plantation,  this  court  should  coun- 
tenance &  encourage  them. 

Leiftenn'^  Wheeler  desired  to  ppound  something  to  y^  court, 
&  haueing  liberty  declared,  that  he  found  some  annoyance  by 
the  Indians  planting  soe  neare  their  borders  &  not  fenceing 
any  thing  like,  but  their  creatures  may  goe  in  as  they  will, 
that  he  can  keepe  noe  hoggs  but  in  penns ;  now  how  far  their 


504  EECOEDS   OF   THE  [1663 

duty  is  &  ye  Indians  in  reference  to  fenceing  he  desired  to  be 
informed.  It  was  told  him  y'  it  were  necessary  yt  the  Indians 
should  be  pi'sent  to  see  what  allegations  they  can  make,  there- 
fore the  court  did  advise  him  that  he  w^'^  the  jnhabitants  of 
Paugaset  &  the  Indians  would  come  to  Milford  court,  &  there 
to  endeavour  a  complyance  betweene  y'"selues  before  y"". 

The  salleries  of  the  governo""  &  deputy  governo'"  being  left 
at  May  court  to  further  consideration,  came  now  to  be  consid- 
ered, &  concluded  that  they  could  gladly  have  abated  nothing 
of  what  was  formerly,  yet  considering  the  low  estate  of  the 
colony  &  many  falling  off  from  us  they  agreed  40ii  for  the 
govern''  and  ten  pound  for  the  deputy  governo""  for  this  yeare. 


[363]  At  a  Court  of  Magistrates  held  at  New  Haven 
THE  9'ii  OF  Decemb:  1663. 

Pi^sent,  the  Governo"",  Deputy  Governo'",  M"".  Jones,  M''. 
Fenn,  M>-.  Treat  &  M--.  Crane. 

John  Cooper  pi'sented  his  complaint  to  the  co>t  against 
Mary  Betts,  a  girle  y*  lived  with  him,  who  had  fired  his  barne 
&  corne  in  it,  as  by  her  confession  hath  appeared ;  alsoe  against 
her  sister  Haiiah  Betts  &  her  mother,  as  feareing  they  might 
be  accessary  to  it. 

Goodwife  Betts  being  pi'sent  was  wished  to  dept  the  court 
for  a  while  &  Mary  Betts  was  then  called  &  asked  her  name, 
whoe  owneing  her  name  to  be  Mary  Betts,  her  examination 
taken  before  the  magistrates  at  Newhaven  the  25*^  of  Novemb: 
1663,  was  read  in  her  heareing  before  the  co-'S  &  is  as  fol- 
io weth. 

The  Deputy  Governor  called  her  and  told  her  y*  they  heard 
yt  shee  had  kindled  the  fire  in  her  masters  barne,  whereby 
barne  &  corne  was  all  consumed,  &  therefore  she  was  asked 
how  she  did  it  ?  She  answered  that  shee  did  it  with  a  fire- 
sticke  which  she  tooke  out  of  tjie  house,  &  being  asked  how 
long  she  was  about  it,  ansW'^  a  pretty  while;  and  being  asked 
w*^  moved  her  to  it,  she  answered  that  her  sister  Hannah  bid 
her  when  she  was  at  their  house ;  and  being  asked  what  her 


1663]  JURISDICTION   OF   NEW   HAYEN.  505 

sister  sd  to  her,  she  answered  that  she  sd  that  if  she  was  bound 
there  she  would  sett  the  house  &  barne  afire  too ;  and  being  asked 
if  shee  disHked  her  place,  ansW'^  that  she  loved  her  dame  well 
but  she  had  rather  goe  home  to  see  her  mother  then  stay  there, 
&  she  wished  she  might  goe  home  with  her  sister,  &  further 
sd  yt  her  sister  advised  her  to  doe  it,  for  her  sister  was  vexed 
with  her  dame  because  her  dame  chid  her,  and  she  sd  she  chid 
her  because  she  could  not  doe  the  worke  in  the  house,  as 
sweeping  the  house,  washing  y^  dishes,  &c ;  and  being  asked 
w'  her  dame  sd  to  her  sister,  she  answ^^  not,  but  sd  that  she 
had  it  not  in  her  thought  to  doe  it  before  her  sister  spake  soe 
to  her ;  and  being  asked  what  moved  her  to  doe  it  yesterday, 
did  yo^  dame  chide  you?  she  answered  yes;  and  being  asked 
for  w*^  ?  she  sd  because  shee  had  tooke  some  of  her  aples  out  of 
the  tub  &  her  dame  sd  y*  she  would  fill  the  tub  againe  &  if 
she  tooke  any  more  shee  would  whip  her;  and  being  asked 
where  her  sister  gave  her  that  counsell  ?  she  answ^^  that  it  was 
in  the  yard,  when  her  dame  was  not  at  home,  &  she  sd  to  her 
that  she  could  not  abide  she  should  live  there,  for  she  would 
be  nothing  but  chid.  Then  she  was  alsoe  told  that  they  had 
heard  y'  she  had  threatned  since  to  burne  the  house,  &,  was 
asked  ye  reason  why  she  sd  soe,  she  answered  because  they 
vexed  her;  this  she  spake  to  Jn^  Ginne  &  goodw:  Dickerman, 
k  being  asked  if  she  did  not  know  it  to  be  a  wicked  thing  that 
she  had  done,  she  answered  yea. 

These  things  being  read  to  her  she  owned  in  all  the  pticu- 
lars  &  sd  that  it  was  true  whicli  she  had  sd  concerning  her 
sister ;  she  was  asked  if  she  had  considered  of  her  wickednes 
&  if  she  had  done  well  in  it,  she  answered  noe,  nor  would  she 
doe  soe  againe. 

The  Court  vnderstanding  that  her  mother  had  been  w^^  her 
[364]  at  the  ||  marshalls,  asked  her  w*  her  mother  sd  to  her, 
she  answ"^*^  that  her  mother  bid  her  speake  the  truth  &  asked 
her  if  she  set  y^  barne  on  fire,  she  answered  yea ;  she  asked 
her  who  see  her,  she  answ'i  that  Zachariah  &,  Nathan"  How; 
she  asked  her  if  her  sister  Hannah  bid  her  ?  she  answered  yt 
she  did ;  then  her  mother  sd  that  her  sister  did  not  bid  her,  but 
said  she  was  a  lieing  girle,  but  Hannah  would  not  lie. 
64 


506  RECORDS  OF  THE  [1663 

Then  she  was  told  seriously  of  her  evill  both  against  God  «fe 
her  master,  &  how  she  had  done  the  divells  worke  &  given  an 
ill  example  to  others,  therefore  had  need  to  crave  mercy  soe 
farre  as  may  stand  with  justice. 

Then  shee  was  asked  if  her  sister  did  not  tell  her  of  another 
that  did  soe;  shee  answered  that  she  told  her  y*  M^  Cranes 
mayd  burnt  a  barne  &  had  nothing  done  to  her  &  was  released 
from  her  servise,  &  she  was  a  litle  girle  &  if  she  did  it  she 
would  have  nothing  done  to  her  but  chid;  then  she  sd  she 
told  her  sister  that  she  would  not  doe  it,  but  her  sister  sd 
she  should  &  then  shee  should  goe  home,  &  she  would  have 
her  goe  home  w'^  iier,  &  further  sd  that  if  she  was  there  she 
would  burne  the  house  &  barne  too. 

Then  Hannah  Betts  was  called  &  told  yt  she  had  heard  what 
her  sister  had  charged  withall,  &  therefore  was  warned  to  con- 
sider in  whose  presence  she  was,  not  onely  before  authority, 
but  in  y  p''sence  of  God  whoe  wilbe  a  swift  witness  against 
those  that  shall  speake  falsely  &  judge  over  all  her  witnessing, 
therefore  to  looke  y*^  she  spake  truth.  She  ansW'^  y*  she 
hoped  she  should.  Then  she  was  asked  if  she  was  not  at 
goodman  Coopers  a  litle  while  before  the  fire  ?  she  ansW'^  she 
was  there,  but  how  long  before  she  knew  not,  but  it  was  sd 
that  she  went  away  the  last  day  of  the  weeke  was  seven  night 
before  the  fire  she  went  away ;  in  which  goeing  away  there 
appeared  many  disorders,  both  absenting  herselfe  without 
leave,  &  when  she  could  not  gett  over  the  ferry  she  came  not 
to  her  masters  house  but  lay  about  from  place  to  place  all  the 
Sabbath  till  she  went  away  to  her  mother,  &c. 

Then  she  was  asked  what  she  had  to  say  to  what  her  sister 
'  had  charged  her  withall,  of  counselling  her  to  burne  her  mas- 
ters barne,  &g,  she  denied  it  &  sd  she  must  lay  it  upon  some 
body;  it  was  replied  why  upon  her,  she  ausw*^  y'  she  was  a 
child  &  yt  she  was  better  lay  it  upon  her  then  any  else. 

Then  she  was  asked  aboiJt  the  story  of  M''.  Cranes  mayd,  but 
she  at  first  did  not  owne  it  but  sd  slie  had  not  soe  litle  witt  as 
to  thinke  she  should  not  be  punished  if  she  did  soe. 

Goodwife  Betts  was  then  called,  &  the  court  told  her  that 
they  had  a  sad  occasion  to  call  her  concerneing  her  children  & 


1663]  JURISDICTION   OP   NEW   HAVEN.  507 

tliey  desired  that  truth  might  appeare,  that  soe  God  might  be 
glorified.  She  answr^  that  she  desired  it  with  all  her  heart. 
The  court  then  told  her  that  they  desired  yt  she  would  joine 
w^i  ym  to  find  out  the  truth,  she  ansW'i  y*  she  did  it;  then 
Mary  Betts  was  asked  in  ye  pfsenee  of  her  mother,  what  moved 
her  to  burne  her  masters  barne,  &  she  sd  her  sister  Hanah; 
[':'65]  II  then  the  court  told  her  mother  that  it  was  unnaturall 
for  her  thus  to  doe  if  it  was  not  soe,  &  y'  there  was  noe  necessity 
of  laying  it  upon  her  or  any  else,  &  further  told  her  that  it  was 
beyond  the  device  of  such  a  child  to  frame  such  a  story  as  she 
hath  alwayes  stood  too,  haveing  been  charged  to  speake  the 
truth.  She  was  asked  therefore  what  she  had  to  say  to  it? 
She  answered  that  she  hoped  it  was  not  in  her  sister  to  doe 
any  such  thing,  &  further  sd  that  she  had  spoke  w'^  her 
daughter  Mary  to  day,  &  she  told  her  that  she  had  sd  she  did 
it,  but  she  did  not  doe  it. 

Then  Mary  Betts  was  asked  if  she  told  her  mother  yt  she 
did  not  burne  the  barne?  She  answered  noe.  Then  goodw: 
Betts  was  told  that  she  had  defamed  the  authority  w°  she  was 
at  Branford,but  she  denied  it  &  sd  indeed  shee  had  something 
boyling  in  her  mind  against  one  about  this  busines  &  told  a 
friend  of  it,  whoe  counselled  her  to  be  silent  if  she  could  not 
prove  it,  then  she  was  sorry  that  shee  should  have  any  such 
thoughts. 

Then  goodw:  Betts  was  told  that  she  might  take  notice  how 
God  had  brought  her  owne  daughter  to  confront  her  &  her 
sister  before  the  court,  but  she  sd  her  conscience  was  cleare  in 
it,  &  that  it  was  the  manner  of  her  daughter  Mary  yt  when  she 
was  in  fault  (at  home)  she  would  lay  it  upon  her  sister. 

Then  Hannah  Betts  was  againe  minded  of  w'  her  sister  had 
charged  her  with,  &  was  asked  w*  she  yet  had  to  say  to  it? 
She  answ""*^  that  there  was  nothing  of  it  true. 

Mr,  Crane  then  related  how  she  stood  before  them  at  Bran- 
ford,  &  being  told  that  she  was  a  bold  malepert  girle,  her 
mother  sd  she  was  glad  she  was  soe,  for  the  righteous  is  as 
bold  as  a  lion.  She  being  asked  if  she  sd  soe,  confessed  y* 
she  might  say  soe,  for  w^h  she  was  sharpely  reproved. 

Then  goodman   Cooper  informed  the   court  that  he  had 


508  RECOEDS   OP   THE  [1663 

heard  that  goodw:  Betts  being  at  goodw:  Jones  his  house 
(heareing  of  the  fire  but  not  of  who  had  done  it,)  sd  that  she 
looked  upon  it  as  a  good  pvidence  that  she  had  noe  private 
discourse  w^^  her  daughter  Mary  the  4^^  day  of  the  weeke 
before  the  fire  was,  she  being  at  New  Haven  that  day ;  now 
she  was  asked  why  shee  thus  speake  if  y'  she  did  not  thinke 
it  was  her  daughter.  She  answ'^'i  she  had  noe  cause,  onely 
they  being  speakeing  of  her  elder  girle.  She  was  alsoe  minded 
of  some  falsitie  in  her  speeches,  as  y*  she  had  sd  to  this  pur- 
pose, tliat  goodman  Andrewes  was  the  first  man  that  saw  the 
fire,  &  that  it  was  soe  high  that  the  child  could  not  doe  it,  &c, 
when  goodman  Andrewes  was  then  at  the  farmes  &  never  saw 
it,  &  she  was  alsoe  told  how  y*^  she  stood  in  the  defence  of  her 
elder  daughter  in  whose  speeches  falsities  appeared,  but  was 
against  her  younger  daughter  against  which  noe  such  thing 
yet  appeares. 

Then  goodman  Cooper  informed  the  co""*  how  falsely  Han- 
nah Betts  had  spoken,  as  that  she  rode  from  Branford  to  New- 
haven  ferry  &  from  the  ferry  to  Mr.  Trowbridges,  when  there 
was  evident  proofs  that  she  rode  not  from  the  farmes  to  the 
[366]  II  waterside. 

The  Court  being  adjourned  for  a  litle  space  &  comeing 
togeth""  againe  asked  goodman  Cooper  what  hee  thought  his 
loss  might  bee?  Hee  answ«^  that  he  would  give  a  lOOH  to 
be  set  in  the  same  state  as  he  was  before,  but  he  desired  that 
what  was  done  might  be  that  all  might  heare  &  feare  &  doe 
noe  more  soe  wickedly. 

Then  the  Governor  sd  that  he  had  not  much  further  to  say 
to  the  litle  girle,  but  the  great  girle  being  left  under  such  sus- 
picion, her  sister  haveing  layd  such  an  accusation  against  her 
even  beyond  her  owne  capacity,  she  was  againe  asked  w^  she 
had  to  say  further,  whether  she  was  guilty  or  noe?  she  answ^ 
noe.  Then  she  was  asked  againe  if  she  did  not  tell  her  that 
story  about  M''.  Cranes  mayd  burning  a  barne,  &c;  she 
answered  now  that  she  had  spoke  to  her  of  that  but  in  noe 
such  way  as  was  charged,  but^d  maybe  she  might  say  M'. 
Cranes  mayd  did  burne  a  barne  &  was  whipt  for  it,  but  she 
knew  not  upon  what  occasion  she  spake  it,  &  that  it  was  at 


1663]  JURISDICTION   OP   NEW   HAVEN.  509 

goodman  Dickermans.  But  the  litle  girle  said  that  she  never 
spake  to  her  before  that  time  in  y  yard  when  her  dame  was 
from  home,  &  upon  that  occasion  as  before.  Then  Hannah 
Betts  was  told  how  she  had  contradicted  herselfe,  before 
denieing  it,  but  now  granting  it,  but  yet  minceing  it  as  if  it 
was  in  y*  place  or  to  that  purpose,  therefore  she  was  told  that 
if  she  would  bring  out  the  whole  truth  in  a  sensible  way  there 
might  be  hope  for  her,  otherwise  w*  advantage  would  it  be  to 
her  to  bring  part  of  the  truth  &  mixt  lies  with  it. 

The  Court  haveing  spent  much  time  to  find  out  the  truth 
in  ye  case,  did  at  last  pceed  to  sentence  as  followeth,  &  first 
for  Mary  Betts,  the  co""*^  declared  that  shee  being  convicted  upon 
due  examination  in  open  court  by  her  owne  confession  &  other 
circumstances  that  shee  wilfully  &  in  a  degree  maliciously  set 
fire  to  &  burnt  the  barne  &  corne  to  a  considerable  value  of 
John  Cooper  of  Newhaven,  upon  ye  24'^  of  Novemb:  last,  to 
the  endangering  of  his  dwelling  house  &  other  buildings,  &c, 
it  is  the  judgem*  &  sentence  of  this  court  that  the  sd  Mary 
Betts  be  publikely  whipt,  &  at  the  same  time  weare  an  halter 
about  her  neck  visibly,  the  crime  ppetrated  being  capitall  by 
the  law,  deserving  death  were  shee  of  age  capable  of  such  cen- 
sure, as  signified  now  by  this  sentence  now  given,  to  be  exe- 
cuted in  terror  to  others  to  pi'vent  the  like  wicked  practise  by 
her  or  any  other  for  the  future.  It  is  alsoe  ordered  by  this 
court,  j^  for  satisfaction  to  the  sd  John  Cooper  for  the  great 
damage  he  hath  sustained  by  the  sd  fire,  that  he  may  at  his 
liberty  sell  or  dispose  of  the  sd  Mary  as  a  bond  servant,  for  & 
toward  his  satisfaction,  to  any  pson  &  into  any  place  within 
some  or  other  of  the  English  plantacons  of  any  of  the  4  vnited 
colonies  in  New  England,  &  not  elsewhere,  y'  she  may  live 
under  publike  ordinances  for  her  soules  good. 

And  for  Hannah  Betts,  the  co"^*^  declared  that  she  being 
accused  and  charged  in  open  court  by  the  sd  Mary  to  have 
counselled  &  abetted  her  in  the  sd  wicked  act,  of  which  by  all 
circumstances  duely  weighed  shee  seemes  to  this  court  to  be 
guilty,  yet  wanting  due  proofe  cahot  pceed  to  censure  in  yt 
case,  yet  other  complaints  comeing  in  against  her  &  proofe 
made  of  her  contemptuous  carriage  before  authority,  her  fre- 


510  RECORDS   OF   THE  [1663 

quent  lieing  &  sundry  disorders  on  the  Lords  day  &  other 
[367]  times,  for  all  which  ||  this  court  doe  order  the  sd  Han- 
nah Betts  to  be  sett  in  y*^  stocks  for  the  space  of  one  houre  (at 
y®  time  of  y^  execution  of  y^  sentence  upon  y«  sd  Mary.) 
These  sentences  to  be  executed  upon  y'"  both  alsoe  at  Bran- 
ford,  a  weeke  after  it  is  done  at  Newhaven,  for  a  terror  there 
if  the  sd  Mary  shall  goe  thither  to  dwell. 

And  for  goodwife  Betts  the  mother  of  them,  shee  appeareing 
faulty  in  respect  of  divers  untruths,  contemptuous  carriage 
before  authority  at  Branford,  evill  example  to  her  children, 
tending  to  harden  them  in  their  evill  wayes,  contrary  to  the 
duty  of  her  relation,  &  to  the  good  behavior  she  stands  bound 
too  by  the  court  or  authority  of  Branford ;  this  court  comits 
the  further  examination  of  the  premises  concerneing  her  to 
the  sd  court,  to  pceed  against  her  according  to  law. 

This  Court  haveing  received  a  letter  from  ye  Eight  Hono''''ie 
Lords  of  his  Majesties  Privie  Councell,  saw  cause  to  order  & 
publish  as  folloAveth,  viz: 

Whereas  we  the  Governor  &  Councell  of  this  Colony  have 
received  a  letter  from  the  Right  Hono''''^6  Lords  of  his  Maje^i^^ 
Privie  Councell,  wUi  a  coppy  of  y^  Act  of  Parliam*  for  encreas- 
ing  &  incourageing  his  Maje'ies  shipping  &  navigation,  sent 
unto  this  Colony  by  order  of  the  Gene'^  Co""*^  for  the  Massa- 
chusetts, It  is  therefore  ordered  that  all  psons  in  each  planta- 
tion of  this  Colony  shall  forthwith  w^h  all  convenient  speed 
pcure  a  coppy  of  the  sd  Act,  &  duely  observe  the  same  from 
time  to  time,  &  that  the  officers  already  appointed  by  the 
Gene^i  Court,  in  each  plantation,  doe  faithfully  approve  them- 
selves herein,  for  his  Maje'^''^^  interest  &  revenue  according  to 
the  sd  Act,  as  they  will  answer  the  neglect  at  their  perill. 

This  Court  some  dayes  after  this  received  a  letter  from  his 
Maj'y  by  Capt'  John  Scott,  directed  to  the  governors  &  assist- 
ants of  all  the  4  colonies,  as  you  find  upon  record,  page  ^  , 
and  upon  consideration  of  this  with  the  former  beforemen- 
tioned,  saw  cause  to  send  forth  this  Declaration,  to  be  published 
in  all  the  plantations  of  this  colony,  which  is  as  foUoweth,  viz: 


663]  JUEISDICTION   OP  NEW  HAVEN.  511 

Whereas  the  Kings  Majesty  bj  his  letter  under  his  owne 
princely  hand  &  signe  manuell  in  red  waxe  annexed,  heareing 
date  the  21th  of  June,  ('63,)  from  his  royall  court  at  White- 
hall, directed  To  his  trusty  &  welbeloved  subjects,  the  Govern- 
ors &  Assistants  of  y^  Massachusetts,  Plymouth,  New  Haven 
&  Coiiecticutt  Colonies,  in  New  England ;  &  the  Lords  of  his 
Maje^'^'s  most  hono'"*'!^  Privy  Councell,  in  their  letter  from  his 
Majties  court  aforesd,  beareing  date  the  24^^  of  June  in  the 
yeare  aforesd,  supscribed.  For  his  Maj'ies  speciall  service.  To 
our  very  loveing  freind  John  Endecott,  Esq ;  Governor  of  his 
Majties  plantations  in  New  England,  and  to  the  Governor  & 
Councell  of  the  Colony  of  the  Massachusetts  w^^  the  rest  of  the 
Governors  of  the  English  plantations  in  New  England  respect- 
ively, and  by  order  of  the  Geni^  Court  at  Boston  entred  upon 
record  in  that  court,  is  particularly  directed  to  the  Governor 
of  the  sd  Colony  of  Newhaven,  in  which  letters  his  Majty  hath 
comanded  this  Colony  many  matters  of  weight,  very  much 
respecting  his  Majesties  servise  &  the  good  of  this  countrey  in 
gen^i,  expecting  upon  his  displeasure  the  strict  observance 
thereof,  which  this  court  (most  of  the  townes  of  this  colony 
being  situate  by  the  sea  side  &,  soe  fitly  accomodated  to  fulfill 
[368]  his  Majties  j|  comands)  are  resolved  to  their  utmost  to 
obey  &  fulfill,  but  in  their  consultation  thereabouts  they  find 
through  the  disloyall  &  seditious  principles  &  practises  of  some 
men  of  inconsiderable  interests,  some  of  his  Majesties  good 
subjects  in  this  Colony  have  been  seduced  to  rent  y"  selves 
from  this  Colony,  by  which  division  his  Majesties  affayres  in 
these  parts  (in  case  some  speedy  course  be  not  taken  for  the 
prevention  thereof,)  is  like  to  suffer,  the  peace  of  this  countrey 
to  be  endangered,  &  the  heathen  amongst  us  scandalized;  the 
which  if  we  should  connive  at,  especially  at  this  time,  his 
Majty  haveing  soe  particularly  directed  his  royall  comands  to 
this  Colony  as  aforesd,  we  might  justly  incurre  his  displeasure 
against  us;  this  Court  therefore  doth  in  his  Majties  name 
require  all  the  members  and  inhabitants  of  this  Colony  heartily 
to  close  w^h  the  endeavors  of  the  Governo''  &  Assistants  thereof, 
for  the  fulfilling  his  Majesties  comands  in  the  sd  letters 
expressed,  &  in  order  thereunto  to  returne  to  their  due  obedi- 


512  RECORDS   OP   THE  [1663 

ence  and  paying  their  arreares  of  rates  for  defraying  the  neces- 
sary charges  of  the  Colony  &  other  dues,  w^hin  six  dayes  after 
the  publication  hereof,  unto  such  pson  or  psons  as  are  or  slialbe 
apointed  to  collect  the  same  in  attendance  to  the  lawes  & 
orders  of  this  Colony.  All  which  being  done,  this  Court  shall 
for  ever  passe  by  all  former  disobedience  to  the  governm* ;  but 
if  any  shall  p^sume  to  stand  out  against  his  Maj'^'^s  pleasure 
soe  declared  as  aforesd  concerning  this  Colony,  at  y  perill  be 
it,  this  Court  shall  not  fayle  to  call  the  sd  psons  to  a  strict 
account  &  pceed  against  y"^,  (as  disloyall  to  his  Maje^y  k  dis- 
turbers of  the  peace  of  this  Colony,)  according  to  law.* 

*  From  the  Connecticut  Council  Record. 

"  At  a  meeting  of  the  councill  the  28''^  of  Decemb"",  1663. 
John  Winthrop,  Esq'',  Gou :     M^  Bray  Rosseter,  John  Bishop,  Isack  Crittingdon  & 
M'.  Allyn,  John   Rosseter  presented  a  declaration  dated  at  New 

M^  Willys,  Haueu,  December  18,  1663,  signed  by  James  Bishop, 

M"'.  Woolcott,  Secretary,  which  declaration  was  ordered  by  the  court 

L'  John  Allyn,  of  magistrates  at  Newhauen  afoarsayd  to  be  published, 

&c,  as  the  sayd  declaration  declareth;  the  sayd  M"".  Rosseter  allsoe  complayneing  of 
some  threatening  expressions  that  haue  bin  by  some  uented  against  diuers  that  haue 
submitted  to  the  gouerment  of  Connecticutt. 

"  This  Councill  haueiug  considered  the  premises  &  feareing  the  peace  of  the  colony 
will  be  interupted  by  these  motions  vnless  some  speedy  course  be  taken  to  preuent  it, 
doe  nominate  &  appoynt  M^  Willys,  John  Allyn  &  M"".  Wayt  Winthrop  to  goe  to  Guil- 
ford to  treat  w"'  M^  Leet  (and  any  other  whom  M^  Leet  shall  desire  to  joyne  w''>  him- 
selfe)  about  the  iudemuit}'  of  the  persons  &  estates  of  those  that  haue  actually  joyned 
to  o"'  gouerment,  according  to  these  followeing  instructions, 

"  1.  If  the  sayd  M^  Leet  will  giue  securely  by  his  word  for  the  indemnity  of  the 
afoarsayd  persons  and  y  estates,  then  you  are  to  propownd  some  propositions  for 
o^  vniteing,  according  to  priuate  instructions. 

"  2.  If  they  wOl  attend  any  such  propositions,  if  j^ou  cannot  com  to  a  conclution  & 
issue,  you  are  to  appoynt  a  meeting  at  Midleton  for  a  farther  treaty,  where  this  coun- 
cill will  send  a  comittee  fully  impowered  to  conclude  all  matters  between  us  and  N. 
Haven  and  the  rest. 

"  3.  If  none  of  these  propositions  will  be  attended  by  them,  then  you  are  in  his 
Ma""  name  &  by  order  from  the  councill  of  this  colony  to  require  them  to  forbear 
putting  in  execution  there  afoarsayd  declaration  against  any  of  those  that  haue  joyne4 
to  c  gouerment,  &  allso  to  administer  the  oath  of  a  constable  to  John  Meggs,  and  to 
require  him  to  use  his  utmost  endeauour  to  mayntajne  the  peace  of  this  colony 
amongst  those  at  Guilford  that  haue  joyned  to  the  gouerment  of  this  colony." 

The  following  is  all  that  remains  of  any  correspondence  which  passed  at  this  time. 
[Misc.  i.  75.    Draught  by  Secretary  Allyn.] 

/  Guilford,  Decemb--  30'h,  1663. 

Worthy  S--, 
After  the  presentation  of  o"^  seruice  unto  yourselfe,  you  may  please  to  under- 
stand that  we  vnderwritten,  being  a  comitte  authorized  by  the  council  of  y''  Colony 
of  Conecticutt,  doe  desire  that  yourselfe  would  be  pleased  to  giue  us  a  meeting  to 


1663]  jurisdiction  of  new  haven.  513 

At  a  Gene"  Court  held  att  New  Haven  for  the  Juris- 

DICCON,   THE   7t''    of  JANUARY,    1668. 

P^SENT, 

Deputies. 
The  Governc,  L.  John  Nash,  )  ,.     ^   tt 

Deputy  Governos  James  Bishop,  \  ^°^  ^^-  -ti^^e^^- 

Tho:  Welch,     )  ^.^  ^ 
Mr.  Jones,  ^  Rich:  Baldwin,  (  ^^^°^^- 

Mr,  Fenn,     1   7,^     .  ,     ,       John  Fowler,       )  ^   .,p    , 
Mr.  Treat,    V^^^^^trates.  j^^^^^  geranti^Lm,  |  ^^^^^f^^^' 

Mr.  Crane,  J  Mr.  Rich:  Lawe,  )  c+      -p    i 

L:  Fra:  Bell,        }  Stamford. 

L:  Sam^i  Swaine,  )  -r,       ^    j 
Lawrence  Ward;  j  ^ranford. 

The  publishing  of  the  former  declaration  at  Guilford  occa- 
sioned Mr.  Rossiter  &  his  son  to  goe  up  to  Conecticutt,  &, 
there  obtained  two  of  their  magistrates,  marshall  &  sundrie 
others  to  come  downe  w^^h  them  to  Giiilford  on  the  2>0^^  of 
Decemb:  last,  whoe  comeing  into  the  towne  at  an  unsea- 
sonable time  of  night,  their  partie  by  shooting  off  sundry 
guns  caused  the  towne  to  be  alarmed  unto  great  disturbance, 
&  some  of  them  giveing  out  threatning  speeches,  which  caused 
[369]  the  governor  to  send  away  speedily  to  ||  Branford  and 
Newhaven  for  helpe,*  which  caused  both  those  townes  to  be 

morrow  about  nine  of  y«  clocke,  to  treat  of  such  things  as  present  concernments  doe 
require,  Yours,  Sara.  Willys, 

S'',  we  desire  your  answer  by  y*^  bearer.  John  Allyn, 

James  Richards, 
Wait  Winthrop. 
These  for  W"  Leete,  Esq"-  at  his  house  in  Guilford. 

[Misc.  i.  74.    In  handwriting  of  Gov.  Leete.] 

Guilford,  Dec.  30'h,  1663. 
Hon'^d  Gentlemen, 
My  answer  sent  before  by  Jonatha  Gilbert  was  in  ernest,  to  let  you  know  my  true 
capacity  &  resolutio,  fro  W^^  I  cannot  recede,  &  rest,  Yc^  in  w'  I  may, 

[Willm  Leete.] 
For  Mr.  Willis,  Mr.  Jo.  AUin,  Mr.  Richards,  [Mr.  Waits  Wmthrop.] 
*  At  a  General  Court  for  New  Haven,  December  31, 1663,  Mr.  Jones  acquainted  the 
town  with  the  business  of  Guilford  the  last  night,  and  how  they  had  sent  away  six 
troopers  to  see  what  the  matter  is,  but  ordered  them  not  to  provoke,  neither  by  word 
nor  action,  but  to  keep  the  peace.     Town  Rec.  iii.  31. 
In  the  spring  of  1665,  after  the  union,  Mr.  Rossiter  procured  a  summons  for  the 

65 


514  RECORDS   OF  THE  [1663 

alarmed  alsoe,  to  great  disturbance,  y^  same  night,  which 
caused  sending  of  men  both  from  New  Haven  &  Branford. 
Now  for  the  gaineing  of  a  right  understanding  of  the  busines, 
&  to  consider  w*  to  doe  upon  this  &  the  like  accounts,  occa- 
sioned the  calling  of  this  court,  though  the  weather  proved 
very  unseasonable. 

But  the  Court  being  mett  together  (soe  many  of  y"  as  could 
possibly  stay,)  the  governo"^  related  the  whole  buisines  to  the 
best  of  his  remembrance,  &  among  other  things  he  informed 
the  court  that  those  gent:  of  Connecticutt  that  came  downe 
with  M"".  Rosseter  &  his  sonne  did  earnestly  desire  that  there 
might  be  at  least  a  suspension  of  the  execution  of  that  declar- 
ation, till  there  might  be  another  conference  betwixt  them  & 
us,  wherein  they  hoped  matters  might  come  to  a  more  com- 
fortable issue,  &  they  very  earnestly  pressed  for  such  a  thing, 
urging  how  dangerous  the  contrary  might  be,  for  they  sd  that^ 
w'  we  did  to  those  men  whom  they  had  admitted,  they  must 
take  it  as  done  to  Conecticutt  Colony,  &c.  Therefore  he  now 
desired  to  know  the  mind  of  the  court,  whether  they  would 
yeild  to  them  soe  farre  or  noe ;  but  the  court  considering  how 
fruitles  all  former  treaties  had  been,  &  y*  they  had  formerly 
ordered  that  there  should  be  noe  more  treaty  with  y™  unless 
they  first  restore  us  those  members  which  they  had  soe  unright- 
eously tooke  from  us,  therefore  did  now  againe  confirme  y^ 
same,  &  in  y^  issue  came  to  this  conclusion,  to  desire  M^. 
Davenport  &  M"".  Streete  to  draw  up  in  writing  all  our  griev- 
ances &  then  w^h  the  approbation  of  as  many  of  the  comittee 
as  could  come  together,  to  send  it  to  Conecticutt,  unto  their 
gen'^  assembly,  which  accordingly  was  done  in  March  next, 
which  writing  you  have  recorded  after  the  conclusions  of  this 
court,  with  arguments  annexed  &  sundry  testimonies  both 
from  Guilford  and  Stamford. 

appearance  of  Mr.  Leete  and  William  Seward  before  the  court  at  Hartford,  to  answer 
"  an  action  of  vniust  molestation  mannadged  in  an  hostil  manner,"  grounded  on  what 
took  place  at  this  time,  whereupon  Mr.  Leete  went  over  to  New  Haven  to  see  if  they 
would  stand  by  him,  for  M^hat  he  did  the%^e  did  as  governor  of  the  colony.  The 
town  voted  that  he  was  justified,  but  the  court  and  jury  found  for  Mr.  Rossiter  costs 
of  court,  but  could  not  agree  as  to  the  damage.  The  case  was  afterwards  appealed, 
and  settled  by  the  general  court.  N.  H.  Town  Eec.  iii.  65.  Rec.  P.  Court  31,  38. 
Tramb.  Col.  Rec.  Conn.  ii.  23,  25,  26,  40. 


1663]  JUBISDICTION   OF  NEW  HAVEN.  515 

Then  it  was  alsoe  ppounded  whether  this  court  would  con- 
firme  the  former  declaration  sent  forth  by  the  magistrates, 
which  was  by  vote  concluded. 

It  is  alsoe  ordered  that  for  the  p'"servation  of  the  peace  of 
this  colony,  &  for  the  more  speedy  execution  of  justice  in  each 
of  the  plantations  thereof,  a  court  of  magistrates  may  sit  with 
full  power  to  act  &  doe  in  all  matters  within  their  power  by 
former  laws  established,  in  any  of  the  plantations  within  this 
colony,  as  if  the  same  were  at  Newhaven,  any  law  or  former 
vsuage  to  the  contrary  notw^hstanding,  pvided  the  same  be 
upon  lawfull  suinons.     This  to  continue  till  further  order. 

It  was  alsoe  ppounded  to  this  court  about  the  respect  shewed 
to  Capt'  Scott  &  the  charges  that  had  been  expended,  whether 
they  would  allow  it  or  not,  alsoe  some  wheate,  Indian,  boards 
&  leather,  which  he  had  received.  The  court  considering  that 
he  had  been  a  good  freind  to  the  colony  in  generall,  &  to  some 
principle  psons  in  particular,  did  by  vote  conclude  that  it 
should  be  allowed  by  the  publike. 

It  was  alsoe  agreed  that  the  comittee  should  treate  w'^  Capt. 
Scott  about  getting  a  Pattent  for  Delaware. 


[At  a  meeting  of  the  Council  of  Connecticut  Febniary  6th,  1663,  Mr.  Samuell  Wil- 
lys, Mr.  Henry  Wolcott,  John  Allyn  and  Mr.  James  Kichards,  were  desired  to  go  to 
Guilford  and  New  Haven  with  these  instructions. 

"  It  is  agreed  by  the  councill  that  if  o"  honoured  freinds  of  N.  H., 
Guilford,  Brandford,  Milford  &  Stanford,  will  treat  w"'  us  for  an 
accomadation,  then  we  will  graunt  &  conlirme  to  them  all  such  priui- 
ledges  as  they  shall  desire,  which  are  not  repugnant  to  the  tenour  of 
o'  charter. 

("  This  followeing  perticuler  is  not  to  he  put  in  execution  before  we 
heare  what  6^  hono^'^  gouernour  Sf  the  rest  effect  there.) 

"  But  if  they  will  not  treate  w""  us,  &  agree  for  their  setlement, 
then  they  are  hereby  ordered  to  read  the  charter  at  a  publique  meet- 
ing (if  they  can  attaine  it)  &  to  declare  that  we  expect  their  submis- 
sion to  his  Majesties  order  therein  conteined;  &  allso  to  comission 
those  now  in  place  to  gouerne  the  people  there  according  to  lawe  untill 
farther  order  be  taken,  &  to  draw  up  a  declaration  which  shall  be 
publiquely  made  knowen  to  y^  people,  whereby  they  may  be  informed 
what  rationall  &  christianlike  propositions  haue  bene  made  to  the 
"•ent"  there,  in  seuerall  treaties  for  the  setlement  of  o"^  &  their  vnion." 

Conn.  Council  Rec. 

The  committee  set  out  on  their  mission  towards  the  latter  part  of  the  month,  and  the 
following  documents  shew  what  was  done. 


616  RECORDS   OF   THE  [1663 

[Conn.  Rec.  Misc.  i.  78.  In  handwriting  of  William  Jones.] 
24"^  12"  1663. 
Gentlemen,  In  order  to  treaty  we  propound  as  a  necessary  expedient 
that  yo"  redintigrate  o'  colony  by  restoring  o'  members  at  Stamford 
and  Gilford,  that  the  confederacon  may  be  repaired  &  p'^served,  then 
we  have  pow"'  from  o'  gen"  court  to  treat  w'''  yo"  and  to  settle  agreem'' 
according  to  God,  between  yo""  colony  &  ours  for  future  peace  betweene 
vs,  for  o'selvs  and  o"^  posterity  mutually,  w°''  we  shall  readily  attend 
vpon  o"^  receipt  of  yo"^  positive  consent  to  the  p'^mises  testified  by 
yo^  joint  subscrip(jon  therevnto  being  made  an  authenticall  act, 

Willm  Leete, 
Mathew  Gilberte, 
W""  Jones, 
Beniamin  Fenn, 
Jasper  Crane, 
Robert  Treatt. 

[Misc.  i.  Doc.  77.    Draught  by  John  Allyn.] 

Feb.  24%  1663. 
Gentlemen,  In  answer  to  your  proposalls  &  as  an  expedient  for 
j"  promoteing  of  peace  we  propound  as  foUoweth, 

1.  In  refference  to  your  dissatisfactions  respecting  diuers  persons 
of  Gilford  &  Stamford,  &  to  preuent  diuissions  in  those  plantations,  it 
is  agreed  that  they  be  ordered  to  submitt  to  y'  same  authority  w"'  their 
neighbours  in  those  places. 

2.  It  is  agreed  that  all  y'  elected  officers  in  N.  Hauen,  Gilford,  Mil- 
ford,  Branford,  be  hereby  authorized  to  administer  justice  to  the  people 
in  those  plantations  accoi'ding  to  lawe,  &  the  jieople  to  chuse  new 
officers  at  N.  Hauen  at  y""  usuall  time  for  that  purpose  for  the  man- 
agement of  y'  aifayres  w"'in  those  plantations,  w^  due  caution  that 
o'  pattent  be  noe  wayes  violated  y'by. 

3.  That  all  motions  or  occasions  tending  to  obstruct  further  vnion 
be  carefully  shuned,  &  that  all  past  greiuences  be  buryed,  upon  a 
penalty  on  any  that  shall  reuiue  them. 

4.  And  that  it  be  referred  to  y^  prudent  consideration  of  those  in 
place  of  authority  both  in  ch:  &  comonwelth  to  thinke  of  accomoda- 
tions most  conduceable  to  y""  settlem'  of  religion  &  righteousnesse 
vpon  the  firmest  basis  of  peace,  truth  and  vnity,  for  the  benefit  of  pos- 
terity, &  y'  some  sutable  persons  doe  meet  to  y'  purpose  when  either 
the  much  honrd  M".  Winthrop  or  M"^.  Leet  shall  judge  it  a  fit  season, 
y'  soe  brotherly  amity  may  be  propagated  to  future  ages. 

Sam"  Willys, 
Henry  Woolcott, 
John  Allyn, 
James  Richards. 

[Misc.  i.  Doc.  79.    In  an;unknown  hand.] 
Feb:  25:  1663. 
Gentlemen, 

As  to  your  first  artickle  in  your  paper  sent  vs,  wee  qua3rye  whyther 
it  bee  an  authentick  act  as  donne  by  yow,  or  not  tyll  it  bee  confyrmed 


1663]  JURISDICTION   OF  NEW   HAVEN.  517 

by  your  generall  assembly;  w'^''  if  it  bee,  wee  desyre  that  yow  doe  sig- 
nifye  soe  much  vnder  your  hands,  as  also  that  they  are  possitiuely 
restored  to  this  iurysdiction  by  vertue  thereof. 

Willm  Leete,  in  the  name  of  the  rest 
of  y''  Magistrates. 

[In  the  hand  of  John  AUyn.] 

Feb.  25,  1663. 
Gentlemen, 

In  answer  to  yours  we  returne  that  we  are  ready  to  make  authen- 
tick  what  we  haue  proposed  to  you,  if  you  please  to  treat  w'''  us  as  they 
are  j^ropounded.  John  Allyn,  in  y"  name  of  y°  Comitte. 

We  expect  your  answer  Avhether  you  please  thus  to  treat  w^''  us  or 
not.] 


[370]  The  writings  sent  to  the  Gen^i  Assembly  of  Conecticutt 
here  folio weth,  &  the  first  is  called 

Newhavens  case  stated. 
[To  ye  hono'''  John  Winthrop,  Esq"",  Governo'",  or  to  ye  bono''*' 

Major  Mason,  Deputy  Governo''  of  Conecticut  Colony,  to  be 

comunicated  to  the  liono^''  the  Generall  Assembly  for  ye  s^ 

Colony.] 
Hono'''^  &  Beloved  in  tlie  Lord, 

We,  the  Gcn'i  Court  of  New  Haven  Colonie,  being  sensible 
of  the  wrongs  which  this  Colony  hath  lately  suffered  by  yo^' 
unjust  praetenses  &  encroachnits  upon  our  just  &  pper  rights, 
have  unanimously  consented,  though  w'^  greife  of  heart,  being 
compelled  thereunto,  to  declare  unto  you  &  unto  all  whom 
the  knowledge  thereof  may  concerne,  what  yo''selves  doe  or 
may  know  to  be  true,  as  followeth, 

1.  That  the  first  beginners  of  these  plantations  by  the  sea 
side  in  these  westerne  parts  of  New  England,  being  ingaged  to 
sundrie  freinds  in  London  &  in  other  places  about  London, 
(who  purposed  to  plant,  some  with  y"  in  the  same  towne,  & 
others  as  neare  to  y"'  as  they  might,)  to  pvide  for  themselves 
some  convenient  places  by  the  sea  side,  arrived  att  Boston  in 
the  Massachvisetts,  (haveing  a  speciall  right  in  their  Pattent, 
two  of  y'"  being  joint  purchasers  of  it  w*''  others,  &  one  of  y" 
a  pattentee  &  one  of  ye  assistants  chosen  for  the  New  England 
Company  in  London,)  where  they  abode  all  the  winter  fol- 
lowing, but  not  findeing  there  a  place  suitable  to  their  pur- 
pose, were  pswaded  to  view  these  parts,  which  those  that 
viewed  approved,  and  before  their  removeall,  findeing  that  noe 
English  were  planted  in  any  place  from  ye  fort  (called  Say 
Brook)  to  the  Dutch,  purposed  to  purchase  of  the  Indians  the 


518  RECORDS  OP  THE  [1663 

naturall  pprieto'^^  of  those  lands,  that  whole  tract  of  land  by 
the  sea-coast  for  themselves  &  those  y*  should  come  to  y", 
which  they  alsoe  signified  to  their  freinds  at  Hartford  in 
Conecticutt  Colony,  &  desired  that  some  fitt  men  from  thence 
might  be  imployed  in  y'  bnsines,  at  their  pper  cost  &  charges 
whoe  wrote  to  them.  Ynto  which  letter  haveing  received  a 
satisfieing  answer,  they  acquainted  the  court  of  magistrates  of 
Massachusetts  Colonic  w^h  their  purpose  to  remove  &  the 
grounds  of  it,  and  w'^  their  consent  began  a  plantation  in  a 
place  situated  by  the  sea,  called  by  the  Indians  Quillipiack, 
which  they  did  purchase  of  the  Indians  the  true  pprietors 
thereof,  for  themselves  &  their  posterity,  &  have  quietly  pos- 
sessed the  same  about  sixe  &  twenty  yeares,  &  have  buried 
great  estates  in  buildings,  fensings,  clearing  the  ground,  &  in 
all  sorts  of  husbandry,  without  any  helpe  from  Conecticutt  or 
dependance  upon  them.  And  by  voluntary  consent  among 
themselves  they  settled  a  civill  court  &  governm*  among 
themselves,  upon  such  fundamentalls  as  were  established  in 
Massachusetts  by  allowance  of  their  pattent,  whereof  the  then 
governo""  of  the  Bay,  the  Right  Worp^i  M^.  Winthrop  sent  us  a 
coppie  to  improve  for  our  best  advantage.  These  fundamen- 
talls all  the  inhabitants  of  the  sd  Quillipyack  approved,  & 
bound  themselves  to  submitt  unto  &  maintaine,  &  chose  The- 
ophilus  Eaton,  Esq;  to  be  their  governo"",  with  as  good  right 
as  Coiiectrcutt  settled  their  governmt  among  themselves  & 
continued  it  above  20  yeares  without  any  pattent. 

2.  That  when  the  helpe  of  M^  Eaton  our  governo'"  &  some 
others  from  Quillipiack  was  desired  for  ending  of  a  controversie 
at  Weathersfield,  a  towne  in  Conecticutt  Colony;  it  being 
judged  necessary  for  peace  y*^  one  partie  should  remove  theyr 
[371]  dwellings,  upon  equall  satisfieing  tearmes  ||  pposed,  the 
governo%  magistrates,  &c,  of  Connecticutt  offred  for  their  part 
y*^  if  the  partie  y*  would  remove  should  find  a  fitt  place  to  plant 
in  upon  the  river,  Conecticutt  would  grant  it  to  them ;  and  ye 
governo'"  of  Quillipyack,  (now  called  Newhaven,)  &  the  rest 
there  present  joined  with  him  &  pmised  that  if  they  should 
find  a  fitt  place  for  y^iselves  by  the  sea-side,  Newhaven  would 
grant  it  to  them,  which  accordingly  Newhaven  pformed,  &  soe 
the  towne  of  Stamford  began  &  became  a  member  of  New 
Haven  Colonic,  &  soe  continueth  unto  this  day.  Thus  in  a 
publike  assembly  in  Conecticutt  was  the  distinct  right  of 
Conecticutt  upon  the  river  &  of  Newhaven  by  the  sea-side 
declared  w^^  consent  of  the  governor,  magistrates,  ministers  & 
better  sorte  of  y^  people  of  Conecticutt  at;ft  time. 

3.  That  sundrie  other  towneships  by  the  sea-side,  &  South- 
hould  on  Long  Island,  (being  settled  in  theyr  inheritances  by 


1663]  JURISDICTION  OF  NEW  HAVEN.  519 

right  of  purchase  of  theyr  Indian  pprietors,)  did  voluntarily 
joine  themselves  to  Newhaven  to  be  all  under  one  jurisdiccon, 
by  a  firme  ingagem*  to  y^  fundamentalls  formerly  settled  in 
Newhaven,  whereupon  it  was  called  New  Haven  Colonic. 
The  gen"  court  being  thus  constituted,  chose  the  sd  Theophi- 
lus  Eaton,  Esq ;  a  man  of  singular  wisdome,  godlines  &  expe- 
rience, to  be  the  governo''  of  New  Haven  Colonic,  &  they  chose 
a  competent  number  of  magistrates  &  other  officers  for  the 
severall  townes.  M"".  Eaton  soe  well  manadged  y*  great  trust 
yt  he  was  chosen  governo''  every  yeare  while  he  lived.  All 
this  time  Coiiecticutt  never  qugestioned  w^  was  done  at  New- 
haven, nor  prse tended  any  right  to  it,  or  to  any  of  the  townes 
belonging  to  this  colony,  nor  objected  against  our  being  a  dis- 
tinct colonic. 

4.  That  when  the  Dutch  claymed  a  right  to  New  Haven  & 
all  along  the  coast  by  the  sea  side,  it  being  reported  they  would 
sett  up  the  prince  of  Auranges  armes,  the  governo""  of  New- 
haven to  p^vent  that,  caused  the  king  of  Englands  armes  to  be 
fayrely  cutt  in  wood  &  sett  upon  a  post  in  the  highway  by  the 
sea  side,  to  vindicate  the  right  of  the  English,  without  consult- 
ing Coiiecticutt,  or  seeking  their  concurrence  therein. 

5.  That  in  the  yeare  16-13,  upon  weighty  considerations,  an 
union  of  foure  distinct  colonies  was  agreed  upon  by  all  New 
England  (except  Road  Island)  in  their  severall  genH  courts,  & 
was  established  by  a  most  solemne  confoederation,  whereby 
they  bound  themselves  mutually  to  p^'serve  unto  each  colonic 
its  intire  jurisdiccon  within  itselfe  respectively,  and  to  avoyd 
the  putting  of  two  into  one  by  any  act  of  their  owne  wti^out 
consent  of  the  comissionfs  fpom  the  4  united  colonies,  which 
were  from  y^  time  &  still  are  called  &  knowne  by  the  title  of 
the  foure  United  Colonies  of  New  England;  of  these  colonies 
Newhaven  was  &  is  one.  And  in  this  solemne  confoederacon 
Coiiecticutt  joyned  with  the  rest  and  with  us. 

6.  That  in  the  yeare  1644,  the  gen'i  court  for  Newhaven 
Colonic,  then  sitting  in  y*'  towne  of  Newhaven,  agreed  unan- 
imously to  send  to  England  for  a  Pattent,  &  in  ye  yeare  1645, 
comitted  the  pcureing  of  it  to  M"".  Grigson,  one  of  our-inagis- 
trates,  whoe  entred  upon  his  voyage  in  January  yt  yeare  from 
Newhaven,  furnished  with  some  beavor  in  order  thereunto  as 
we  suppose,  but  by  the  providence  of  God,  the  ship  &  all  the 
passengers  &  goods  were  lost  at  sea  in  their  passage  toward 
England,  to  o"^  great  [loss]  &  the  frustration  of  y*  designe  for 
yt  time ;  after  which  the  troubles  in  England  put  a  stop  to  o"" 
pceedings  therein.  This  was  done  w^''  the  consent  &  desire  of 
Coiiecticutt  to  concurre  with  N.  Haven  therein ;  whereby  the 
difference  of  times  &  of  mens  spirits  in  them  may  be  discov- 


520  EECORDS   OF   THE  [1663 

ered,  for  then  tlie  magistrates  of  Conecticutt  with  consent  of 
[372]  II  their  gen^  court,  knoweing  our  purposes,  desired  to 
joine  with  New  Haven  in  pcureing  y'  pattent  for  comon  privi- 
lidges  to  both  in  their  distinct  jurisdiccons,  &  left  it  to  M'". 
Batons  wisdome  to  have  the  pattent  framed  accordingly.  But 
now  they  seeke  to  pcure  a  pattent  without  the  concurrence  of 
Newhaven,  &  contrary  to  our  minds  expressed  before  this 
pattent  was  sent  for,  &  to  their  owne  promise,  &  to  y^  tearmes 
of  the  confoederacon ;  and  without  sufficient  warrant  from  their 
pattent  they  have  invaded  our  right,  &  seeke  to  involve  New- 
haven  under  Conecticutt  jurisdiccon. 

7.  That  in  the  yeare  1646,  when  the  comission^s  first  mett 
at  Newhaven,  Keift  the  then  Dutch  governo""  by  letf^  expos- 
tulated w"i  y  comission""®,  by  what  warrant  they  mett  at  New- 
haven w^hout  his  consent,  seeing  it  &  all  by  the  sea  coast 
belonged  to  his  principalis  in  Holland,  &  to  the  Lords  y^  States 
Genii.  The  answer  to  y'  letter  was  framed  by  M"".  Eaton, 
governo''  of  N.  Haven,  and  then  p^sident  of  the  comission, 
approved  by  all  the  comission''^,  &  sent  in  their  names,  w"^'' 
their  consent  to  the  then  Dutch  governo'',  who  never  replied 
thereunto. 

8.  That  this  colony  in  ye  reigne  of  the  late  King  Charles 
the  first,  received  a  letter  from  j^  coihittee  of  Lords  &  Comons 
for  forreigne  plantations,  then  sitting  at  Westminster,  which 
letter  was  delivered  to  our  governo'"  M''.  Eaton,  for  freeing  the 
severall  distinct  colonies  of  New  England  from  molestations 
by  the  appealing  of  troublesome  spirits  unto  England,  whereby 
they  declared  that  they  had  dismissed  all  causes  depending 
before  y^  from  New  England,  &  that  they  advised  all  inhabit- 
ants to  submitt  to  their  respective  governm^s  there  established, 
&  to  acquiesce  w"  their  causes  shalbe  there  heard  &  deter- 
mined; as  it  is  to  be  scene  more  largely  expressed  in  the 
originall,  which  we  have  subscribed,     Yo""  assured  freinds, 

Pembrook,  Manchester,  Warwick, 

W.  Say  &  Seale,     Fr.  Dacre,  &c,         Denbigh. 

Li  this  order  they  subscribed  their  names  with  their  owne 
hands,  which  we  have  to  shew,  &  they  inscribed  or  directed 
this  letter.  To  our  worthy  freinds,  the  governo''  &  assistants 
of  the  plantations  of  Newhaven,  in  New  England. 

Whereby  you  may  clearely  see  y'  y^  right  hono''i^'e  tlie 
earle  of  Warwick  &  the  lord  viscount  Say  &  Seale  (lately 
one  of  his  majt'^s  yt  j^qw  is,  Kipg  Charles  the  2'^  his  most 
hono'i^i*^  privy  counsell,  as  alsoe  the  right  bono'"'''*'  earle  of 
Manchester  still  is,)  had  noe  purpose  after  Newhaven  Colonie 
situated  by  the  sea-side  was  settled  to  be  a  distinct  governm*, 
yt  it  should  be  put  under  the  pattent  for  Conecticutt,  whereof 


1663]  JURISDICTION    OP   NEW   HAVEN.  521 

they  had  onely  framed  a  coppy,  before  any  house  was  erected 
by  the  sea-side  from  the  fort  to  the  Dutch,  which  yet  was  not 
signed  &  sealed  by  the  last  king  for  a  pattent,  nor  had  you  any 
pattent  till  yo""  agent  M^  Winthrop  pcured  it  about  two  yeares 
since. 

9.  That  in  y  yeare  1650,  w"  the  comission'"^  for  the  4 
Vnited  Colonies  of  N.  Eng'  met  at  Hartford,  the  now  Dutch 

governo''  being  then  &  there  present,  M^.  Eaton,  the  then 
governo''  of  Newhaven  Colonic,  complained  of  the  Dutch 
governor's  encroaching  upon  our  colonic  of  Newhaven,  by  take- 
ing  under  his  jurisdiccon  a  towneship  beyond  Stamford,  called 
Greenwitch.  All  the  comissionrs  (as  well  for  Conecticutt  as  for 
the  other  colonies)  concluded  that  Greenewitch  &  foure  miles 
beyond  it  belongs  to  Newhaven  jurisdiccon,  whereunto  the 
[373]  Dutch  governo""  then  yeilded,  k  restored  ||  it  to  New- 
haven Colonic.  Thus  were  our  bounds  westward  settled  by 
consent  of  all. 

10.  That  when  the  bono'"''  governor  of  Conecticutt,  John 
Winthrop,  Esq ;  had  consented  to  undertake  a  voyage  for  Eng- 
land to  pcure  a  pattent  for  Conecticutt,  in  the  [year]  1661,  a 
freind  warned  him  by  letter  not  to  have  his  hand  in  soe 
unrighteous  an  act,  as  soe  farre  to  extend  the  line  of  their 
pattent  y*  the  colonic  of  Newhaven  should  be  involved  w^iin 
it.  For  answer  thereunto,  he  was  pleased  to  certify  that  freind 
in  two  letters  which  he  wrote  from  two  severall  places  before 
his  departure,  that  noe  such  thing  was  intended,  but  rather 
the  contrary,  &  that  the  magistrates  had  agreed  &  expressed 
in  the  p''sence  of  some  ministers,  that  if  their  line  should  reach 
us  (which  they  knew  not,  the  coppie  l)eing  in  England,)  yet 
Newhaven  Colony  should  be  at  full  liberty  to  joine  w'h  them 
or  not.  This  agreemt,  soe  attested,  made  us  secure,  who  else 
could  have  pcured  a  pattent  for  ourselves,  w'hin  our  owne 
known  bounds,  according  to  purchase,  wUiout  doeing  any 
wrong  to  Conecticutt  in  their  just  bounds  and  limitts. 

11.  That  notwithstanding  all  y^  prgemises,  in  the  yeare 
1662,  when  you  had  received  yo''  pattent,  under  his  ma^'es 
hand  &  scale,  contrary  to  yo>"  pmise  &  solemne  confoederacon 
&  to  comon  equity,  at  yo"^  first  geni'  assembly  (which  yet 
could  not  be  called  gen"  w^iout  us,  if  we  were  under  your 
pattent,  seeing  none  of  us  were  by  you  called  thereunto,)  you 
agreed  among  yourselves  to  treate  w'4i  Newhaven  Colonic 
about  union,  by  jo^  comission'"''  chosen  for  that  end,  w'hin  two 
or  three  dayes  after  y'  assembly  was  dissolved,  but  before  the 
ending  of  that  session  you  made  an  unrighteous  breach  in  c 
colonic,  by  takeing  under  yC  pattent  some  of  ours  from  Stam- 
ford, &   from  Guilford,  &   from  Southhold,  contrary  to  y 


622  RECORDS  OF  THE  [1663 

ingagemts  to  Newhaven  Colonie,  &  w^hout  our  consent  or 
knowledge.  This  being  thus  done,  some  sent  from  you  to 
treate  w*4i  us  shewed  some  of  ours  yo^  pattent,  which  being 
read,  they  declared  to  yours  that  N.  H.  Colonie  is  not  at  all 
mentioned  in  yo""  pattent,  &  gave  you  some  reasons  why  they 
beleived  y*^  the  king  did  not  intend  to  p\it  this  colonie  under 
Conecticutt  w'hout  our  desire  or  knowledge;  &  they  added 
that  you  took  a  prseposterous  course  in  first  dismembring  this 
colony,  &  after  that  treating  w'^''  it  about  union,  wliich  is  as  if 
one  man  purposing  to  treate  w^^^  another  about  union  first 
cutt  off  from  him  an  arme  &  a  legg  &  an  eare,  then  to  treate 
w'^ii  him  about  union.  Reverend  M^.  Stone  alsoe,  the  teacher 
of  the  church  at  Hartford,  was  one  of  the  coinittee,  who  being 
asked  what  he  thought  of  this  action,  answered  yt  he  would 
not  justifie  it. 

12.  After  that  conference,  our  comittee  sent  by  order  of  y^ 
gen"  court,  by  two  of  o''  magistrates  &  two  of  o^  elders,  a 
writeing  containeing  sundry  other  reasons  for  our  not  joineing 
w*''  you,  who  also  findeing  y*^  you  psisted  in  your  owne  will  & 
way,  declared  to  you  our  owne  resolution  to  appeale  to  his 
maj'y  to  explaine  his  true  intendm'^^  &  meaneing  in  your  pattent, 
whether  it  was  to  subject  this  colony  under  it  or  not ;  being 
pswaded,  as  we  still  are,  yt  it  neither  was  nor  is  his  royall  will 
&  pleasure  to  confound  this  colonie  w*^-^  yours,  which  would 
destroy  the  soe  long  continued,  &  soe  strongly  settled  distinc- 
tion of  the  4  United  Cohnies  of  New  England,  w^hout  our 
desire  or  knowledge. 

13.  That  accordingl}'  we  forthw^^  sent  our  appeale  to  be 
humbly  p^sented  to  his  ma'^'^  ^y  some  freinds  in  London,  yet 
out  of  our  deare  &  tender  respect  to  M"".  Winthropes  peace  & 
hono"",  some  of  us  advised  those  freinds  to  comunicate  o^  papers 
first  to  hono"'  Mi".  Winthrop  himselfe,  to  the  end  that  we  might 
find  out  some  efectuall  expedient  to  put  a  good  end  to  this 
uncomfortable  difference  between  you  &  us ;  else  to  pt'sent  our 
humble  address  to  his  maj'y.  Accordingly  it  was  done,  &  M"". 
Winthrop  stopped  the  pceeding  of  our  appeale  by  undertake- 
ing  to  our  freinds  that*  [matters  should  be  issued  to  our  satis- 
faction, &  in  order  therunto  hee  was  pleased  to  write  a  letter 
to  Major  Mason  yo""  deputye  gouerno'",  &  the  rest  of  the  court 
of  Connecticutt  Colonie,  from  London,  dated  March  ?j^,  1662, 
in  these  words, — Gentlemen,  I  am  enformed  by  some  gentle- 
men who  are  authorized  to  seekp^emedy  heer,  that  since  yow 

*  The  remainder  of  this  document  is  not  recorded,  but  two  blank  pages  were  left 
for  that  purpose.  What  follows  in  brackets  is  from  the  original  in  the  handwriting  of 
Rev.  Mr.  Street,  with  occasional  corrections  by  Mr.  Jones,  preseived  in  Misc.  i.  doc.  80. 


1663]  JURISDICTION   OF  NEW   HAVEN.  523 

had  the  late  pattent  there  hath  binn  injury  done  to  the  goii- 
ernm*  of  Newhaven,  &  in  pticiilar  at  Guilford  &,  Standforde  in 
admitting  seuer"  of  the  inhabitants  there  vnto  freedome  w'h 
yow,  &  appointing  officers,  w*^''  hath  caused  deuission  in  the  sd 
townes,  w^h  xi\Q,j  proue  of  dang^ous  consequence  if  not  timely 
p'uented,  though  I  doe  hope  the  rise  of  it  is  from  missunder- 
standing  &  not  in  designe  of  p''judice  to  that  colonic,  for  whom 
I  gaue  assurance  to  theyr  freinds  that  theyr  rights  <fe  intrests 
should  not  bee  disquieted  or  pi'judiced  by  the  pattent.  But  if 
both  governm^s  would  w^^i  vnanimous  agreem*^  vnite  in  one, 
theyr  freinds  judged  it  would  bee  for  advantage  to  both,  & 
farther,  I  must  lett  yow  knowe  that  testimonie  heer  doth 
afiirme  that  I  gaue  assurance  before  authoretye  heer,  that  it 
was  not  intended  to  medic  w^^  any  towne  or  plantation  that 
was  settled  vnder  any  other  gouernm^  Had  it  binn  any  other- 
wise intended  or  declared,  it  had  binn  injurious  in  taking  out 
the  pattent  not  to  haue  enserted  a  pportionable  number  of 
theyr  names  in  it.  Now  vpon  the  whole,  haueing  had  serious 
conference  w^^  theyr  friends  authorized  by  them,  &  w">  others 
who  are  freinds  to  both,  to  pi'uent  a  tedious  &,  chargeable  tryall 
&  vncertaine  euent  here,  I  pmised  them  to  giue  yow  speedily 
this  representacon,  how  farr  yow  are  engaged,  if  any  injurye 
hath  binn  done  by  admitting  of  freemen,  or  appointing  officers, 
or  any  other  intermedling  w'^  Newhaven  Colonic  in  one  kinde 
or  other  w^'"out  approbacon  of  the  gouernm'^%  that  it  be  forth- 
w^h  recalled,  &  that  for  future  there  will  bee  noe  imposeing 
upon  them  nor  admitting  of  any  members  Av'-^out  mutuall  con- 
sent, but  that  all  things  be  acted  as  loueing,  neighbouring 
colonies,  as  before  such  pattent  graunted.  And  vnto  this  I 
judg  yow  are  obliged,  I  haueing  engaged  to  theyr  agents  here 
that  this  wilbe  by  yow  pformed,  &  they  haue  therupon  forboren 
to  giue  yow  or  mee  any  further  trouble.  But  they  doe  not 
doubt  but  upon  future  consideration  there  may  be  such  a 
right  vnderstanding  between  both  gouernmts  that  an  vnion  & 
friendly  joyning  may  be  established  to  the  satisfaction  of  al, 
w'^'i  at  my  arriueall  I  shall  endeauour  (God  willing)  to  pmote. 
Not  haueing  more  at  p^sent  in  this  case,  I  rest, 

Yo^  humble  s^vante, 

John  Winthrop. 
The  coppie  of  this  letter  was  sent  to  M^  Leete  vnsealed,  w^^^ 
M^  Winthrops  consent,  &  was  written  by  his  owne  hand,  & 
the  substance  of  this  agreem'  between  some  of  our  friends  in 
London  is  fully  attested  by  them  in  theyre  letters  to  some  of 
vs.  Say  not  that  M^.  Winthrops  acting  in  this  agreem*  is 
nothing  to  yow,  for  he  acted  therin  as  yc  publick  &  comon 


524  RECORDS   OP   THE  [1663 

agent  &  plenipotentiary,  &  therfore  bis  actings  in  that  capacitie 
&  relation  are  jo'^^  in  him. 

14.  That  after  M^.  Winthrops  returne,  when  some  from 
yow  treated  againe  w'''  our  comittee  about  vnion,  it  was 
answered  by  o""  comittee  that  we  could  not  admitt  any  treaty 
wth  yow  about  that  matter  tyll  we  might  treate  as  an  intire 
colonic,  our  members  being  restored  to  vs  whome  yow  haue 
vnrightcously  wt'dield  from  vs,  wherby  also  those  parties  haue 
bine  many  wayes  injuriouse  to  this  gouernmS  and  disturbers 
of  our  peace ;  w^'i  is  &  will  be  a  barr  to  any  such  treatie  till  it 
be  remoued,  for  tyll  then  we  cannot  joine  w'^  yow  in  one  gou- 
ernm'^  wt-'^out  fellowship  in  your  sin. 

15.  That  after  this,  nothing  being  done  by  yow  for  our  just 
satisfaction,  at  the  last  meeting  of  the  commission'"^  from  the 
four  Vnited  Colonies  of  New  England,  at  Boston  on  the  ^ 
day  of  Septemb'',  1663,  the  commission's  from  Newhauen  Col- 
onic exhibited  to  the  other  commission''^  theyr  confederates,  a 
complainte  of  the  greate  injuries  done  to  this  colonic  by  Con- 
necticutt,  in  the  p''sence  of  yo""  commission''*,  who  for  answer 
therunto  shewed  what  treaties  they  haue  had  w'''  Newhaven, 
but  that  plea  was  inconsiderable  through  yo""  psisting  in 
vnrightcously  w^diolding  our  membra  from  vs,  whearby  our 
wounds  remaine  vnhealed,  being  keept  open  &  continually 
bleeding.  The  result  of  the  commission''*  debates  about  that 
complaint  was  in  these  words,  The  commission''^  of  Massa- 
chusetts &  Plimouth  haueing  considered  the  complaints  exhib- 
ited by  Newhaven  against  Connecticutt,  for  infringeing  theyr 
power  of  jurisdiction,  as  in  the  complainte  is  more  pticularly 
expressed,  togeither  w"'  the  answer  returned  therto  by  Con- 
necticutt commission''^,  w'^'  some  other  debates  &  conferences 
that  haue  passed  between  them,  doe  judge  meet  to  declare, 
that  the  s^^  Colonic  of  Newhauen  being  owned  in  the  Articles 
of  Confederation  as  distinct  from  Connecticutt,  &  haueing  bin 
soe  owned  by  the  colonies  in  this  pi'sent  meeting,  in  all  theyr 
actings,  may  not  by  any  act  of  viollence  haue  their  libertie  of 
jurisdiction  infringed  by  any  other  of  the  Vnited  Colonies 
w'hout  breach  of  the  Articles  of  Confoederation,  &  that  where 
any  act  of  power  hath  bin  exerted  against  their  authoritie, 
that  the  same  ought  to  be  recalled,  &  their  power  reserued  to 
them  intire,  vntill  such  time  as  in  an  orderly  waye  it  shall  be 
otherwise  disposed.     And  for  pticular  greiuances  mentioned 

4n  theyr  complainte,  that  they  be  ji'effered  to  the  next  meeting 
at  Hartford,  &c. 

Wee  suppose  that  when  they  speak  of  disposeing  it  other- 
wise in  an  orderly  way,  they  mean  w^^  our  free  consent,  there 
being  noe  other  orderly  way  by  any  act  or  power  of  the  Ynited 


1663]  JURISDICTION   OF   NEW   HAVEN.  525 

Colonies  for  disposeing  the  colonie  of  Newhauen  otherwise 
then  as  it  is  a  distinct  colonie,  haueing  intire  jurisdiction  wt^in 
itself,  w^h  our  confederates  are  bound  by  theire  solemne  con- 
federation to  p''serue  inviolate. 

16.  That  before  yo^"  generall  assembly  in  Octobf  last,  1663, 
our  comittee  sent  a  letter  vnto  the  s^'  assembly,  wherby  they 
did  request  that  our  members  by  yow  unjustly  rent  from  us 
should  be  by  yow  restored  vnto  vs,  according  to  our  former 
frequent  desires,  &  according  to  M'".  Winthrops  letter  &  prom- 
ise to  authority  in  England,  &  according  to  justice,  &  accord- 
ing to  the  conclusion  of  the  commission ''«  in  theire  last  session 
at  Boston,  whereunto  yow  returned  a  reall  negative  answer 
contrary  to  all  the  p''mises,  by  makeing  one  Brown  yo""  con- 
stable at  Stamforde,  who  hath  been  sundrie  wayes  injurious 
to  vs  &  hath  scandalously  acted  in  the  highest  degree  of  con- 
tempt, not  onely  against  the  authority  of  this  jurisdiction  but 
also  of  the  king  himself,  pulling  downe  w^h  contumelies  the 
declaration  w°'i  was  sent  thither  by  the  courte  of  magistrates 
for  this  colonie,  in  the  kings  name,  &  comandcd  to  bee  sett  vp 
in  a  publick  place  that  it  might  bee  read  &  obeyed  by  all  his 
majesties  subjects  inhabiting  our  towne  of  Stamford. 

17.  That  thereupon  at  a  generall  courte  held  at  Newhaven 
for  the  jurisdiccon,  the  22^^  of  Octobr,  166^%  the  deputies  for 
this  generall  courte  signified  the  minde  of  our  freemen  as  not 
at  all  satisfied  w'''  the  proposall  of  the  comittee  from  Conecti- 
cutt,  but  thought  there  should  be  noe  more  treatie  w'^  them 
vnless  they  first  restore  vs  to  our  right  state  againe.  The  mat- 
ter was  largely  debated,  &  this  general  courte  considering  how 
they  of  Conecticutt  doe  cast  of  our  motion  in  the  foremen- 
tioned  letter  &  giue  vs  noe  answer,  but  that  contrary  there- 
unto, as  is  reported,  they  haue  further  encouraged  those  at 
Guilford  &  Stamford,  therfore  this  courte  did  then  order  that 
noe  treaty  be  made  by  this  colonie  w'^  Conecticutt  before  such 
acts  of  power  exerted  upon  any  of  our  townes  be  reuoked  & 
recalled,  according  to  hono'''i  M"".  Winthrops  letter  ingageing 
the  same,  the  comissionrs  advice,  &  our  frequent  desires. 

18.  That  in  this  juncture  of  time  wee  receiued  two  letters 
from  England,  mentioned  in  the  following  declaration  pub- 
lished by  the  courte  of  magistrates  vpon  that  occasion,  in 
these  words ;  Whereas  this  colonie  hath  receiued  one  letter 
under  his  majesties  royall  hand  &  seale  (manuall  in  red  wax) 
annexed,  bearing  date  the  21"'  of  June,  1663,  from  his  royall 
courte  at  Whitehall,  directed  To  his  trusty  &  well  beloued 
subjects  the  governors  &  assistants  of  the  Massachusetts,  Pli- 
mouth,  Newhaven  &  Conecticutt  colonies  in  New  England ; 
and  one  other  letter  from  the  lords  of  his  majesties  most  hon- 


526  RECORDS  OF  THE  [1663 

curable  priuie  counsell,  from  his  majesties  courte  aforesaid, 
bearing  date  the  24' ^  of  June  in  the  yeare  afores^^,  super- 
scribed, For  his  majt'es  speciall  seruice,  and  directed  To  our 
very  loveing  friend  John  Endeicott,  Esq"",  gouernour  of  his 
majties  plantacons  in  New  England,  &  to  the  gouernour  & 
counsell  of  the  colonie  of  the  Massachusetts,  w'^  the  rest  of  the 
gouerncs  of  the  English  plantations  in  New  England  respect- 
iuely,  &  by  order  of  the  gener"  courte  at  Boston  recorded  in 
the  courte,  it  is  pticularly  directed  to  the  gouerno''  of  the  col- 
onie of  Newhaven;  in  W^'^  letters  his  maj'y  hath  comanded 
this  colonie  many  matters  of  weight,  very  much  respecting  his 
maj^'^s  seruice  &  the  good  of  this  country  in  gener",  expecting 
vpon  displeasure  the  strict  observance  thereof,  W''  this  courte 
(this  colonie  being  situated  by  the  sea  side,  &  soe  fitly  accom- 
odated to  fullfill  his  majt'es  comandes)  are  resolued  to  theyr 
vtmost  to  obey  &  fulfill.  But  in  theyr  consultation  therea- 
boute,  they  finde  through  the  disloyall  &  seditious  principles 
&  practises  of  some  men  of  inconsiderable  intrests,  some  of  his 
majt'^'s  good  subjects  in  this  colonie  haue  binn  seduced  to  rent 
themselues  from  this  colonie,  by  w*^''  diuission  his  majt^'^s 
affaires  in  these  parts  are  like  to  suffer,  the  peace  of  this  coun- 
trey  to  be  indangered,  &  the  heathen  amoung  vs  scandallized, 
in  case  some  speedie  course  be  not  taken  for  the  pi'vention 
thereof,  the  w^h  if  wee  should  conive  at,  espetially  at  this  time 
his  maj^y  haueing  so  pticularly  directed  his  royall  comandes 
to  this  colonie  as  aforesd,  we  might  justly  encurr  his  displeas- 
ure against  vs.  This  courte  therefore  doth  in  his  maj'ys  name 
require  al  the  members  &  inhabitants  of  this  colonie  heartily 
to  close  w'^  the  endeauors  of  the  governor  &  assistants  therof 
for  fulfilling  his  maj'ies  comandes  in  the  sd  letters  expressed, 
&  in  order  therevnto  to  returne  to  theire  due  obedience  & 
payeing  theire  arrears  of  rates  for  defraying  the  necessary 
charges  of  the  colonie,  &  other  dues,  w'^in  six  dayes  after 
the  publication  hereof,  vnto  such  pson  or  psons  as  are  or  shall 
be  appointed  to  collect  the  same,  in  attendance  to  the  lawes 
&  orders  of  this  colonie.  All  w^^  being  done,  this  courte 
shall  foreuer  pass  by  all  former  disobedience  to  this  governm' ; 
but  if  any  shall  p^sume  to  stand  out  against  his  majti^s  pleas- 
ure soe  declared  as  aforesd  concerneing  this  colonie,  at  theire 
perill  be  it,  this  court  shall  not  faile  to  call  the  sd  psons  to  a 
strict  account  &  pceed  against  them  as  disloyall  to  his  maj'y  & 
disturbers  of  the  peace  of  this  colpnie,  according  to  lawe. 

19.  This  declaration  being  grounded  in  generall  upon  his 
majt'es  comands  expressed  in  those  letters,  &  in  speciall  in 
order  to  the  p>"seruation  of  his  maj'-''^'*  customes  in  that  case 
puided  for  by  act  of  this  p'^sent  parliament,  w^^  act  was  sent 


1663]  JURISDICTION   OF  NEW   HAVEN.  527 

inclosed  w'^  the  letter  to  our  governo"",  reqiiireing  his  strict 
obseruance  of  the  same  vnder  the  penalty  of  displaceiiig  &  a 
thousand  pounds  fine,  &  therfore  in  case  any  difference  should 
arrise  to  his  maj^y  vpon  these  accounts,  we  must  be  inforced  to 
laye  the  cause  of  it  at  your  doore,  because  when  it  was  sent  to 
the  seuerall  townes  of  this  colonic  &  sett  vp  in  publick  places 
to  be  seen  &  read  of  all,  that  all  might  obey  it,  it  was  at  Stam- 
ford violently  plucked  downe  by  Browne  yC"  constable,  &  w'^ 
reproachfull  speeches  rejected,  though  sent  in  his  maj^'^s  name 
&  by  the  authority  of  our  court  of  magistrates.  And  after  it 
was  published  at  Guilford,  Bray  Rosseter  &  his  sone  hastened 
to  Conecticutt  to  require  your  aid  against  this  gouernm',  w^^ 
accordingly  yow  to  hastily  pformed,  for  on  the  SOi'^  of  Decemb"", 
1663,  two  of  yc  magistrates  w^'^  sundry  young  men  &  yo"" 
marshall  came  speedily  to  Guilford  accompanieing  Rosseter  & 
his  sone,  &  countinanceing  them  &  theyr  partie  against  the 
authority  of  this  gener"  court,  though  yow  knowe  how  obnox- 
ious they  were  formerly  to  this  jurisdiction,  for  contempt  of 
authority  &  seditious  practises,  &  that  they  haue  been  the  ring- 
leaders of  this  rent,  k  that  Bray  Rosseter  the  father  hath  been 
long  &  still  is  a  man  of  a  turbulent,  restless,  factious  spiritt,  & 
whose  designe  yow  haue  cause  to  suspect  to  he  to  cause  a  warre 
between  these  two  colonies,  or  to  ruine  Newhaven  Colonic ; 
yet  him  yow  accompanied  in  opposition  to  this  colonic,  w'^^out 
sending  or  writeing  before  to  our  governor  to  be  informed  con- 
cerning the  trueth  in  this  matter.  Sundry  horses,  as  we  are 
informed,  accompanied  them  to  Guilford,  whither  they  came 
at  vnseasonable  houre,  about  tenn  aclock  in  the  night  these 
short  dayes,  when  yow  might  rationally  thinke  that  all  the 
people  were  gone  to  bed,  &  by  shooting  of  sundry  gunns,  some 
of  yofs  or  of  theyr  partie  in  Guilford,  allarmed  the  towne,  w^h 
when  the  gouerno''  took  notice  of,  &  of  the  unsatistieing 
answer  giuen  to  such  as  inquired  the  reason  of  that  disturb- 
ance, he  suspected,  &  that  not  wt^'^out  cause,  that  hostile 
attempts  were  intended  by  theyr  company,  whereupon  he  sent 
a  letter  to  Newhaven  to  informe  the  magistrates  there  con- 
cerning matters  at  Guilford,  that  many  were  affrighted,  &  he 
desired  that  the  magistrates  of  Newhauen  would  pfsently  come 
to  theyr  succour  &  as  many  of  the  troopers  as  could  be  gott, 
alleadging  for  a  reason  his  apprihension  of  theyr  desperate 
resolutions.  The  gouerno''^  messenger  also  excited  to  haste, 
as  apprehending  danger  &  reporting  to  them  that  Brandford 
went  up  in  armes  hastening  to  theyr  releife  at  Guilford,  w^ 
the  gouernor  required  w^^  speed.  Hereupon  Newhauen  was 
also  allarmed  that  night  by  beating  the  drume,  &c,  to  warne 

This  feare  was  not  cause- 


528  RECORDS   OP  THE  [1663 

less,  for  what  elce  could  bee  gathered  from  the  p'"perations  of 
pistoUs,  bulletts,  swords,  &c,  w^^  they  brought  w^h  them,  &  by 
the  threatning  speeches  giuen  out  by  some  of  them,  as  is 
attested  by  the  depositions  of  some  &  subscriptions  of  others, 
w^h  we  haue  by  vs  to  shew  when  need  require;  &  yo^"  two 
magistrates  themselues,  who  ought  to  haue  kept  the  kings 
peace  amoung  theyr  owne  partie  &  in  theire  owne  speeches, 
threatned  our  governo''  that  if  anything  was  done  against 
those  men,  viz'  Rosseter  &  his  partie,  Conecticutt  would  take 
it  as  done  against  themselues,  for  they  was  bound  to  ptect 
them ;  &  they  rose  high  in  threatnings,  yet  they  joyned  ther- 
w'h  theyr  desire  of  another  conference  w'^"  Newhaven,  prge- 
tending  theyr  purpose  of  graunting  to  vs  what  wee  would 
desire,  soe  farr  as  they  could,  if  wee  would  vnite  w^''  them; 
but  still  they  held  our  members  from  vs  &  vpheld  them  in 
theyr  animosities  against  vs.  Is  this  the  way  to  vnion?  & 
what  cann  yow  graunte  vs  w^h  we  haue  not  in  our  owne  right 
w'^^in  ourselves  w'''out  you?  Yea,  it  is  tlie  birthright  of  o"" 
posterity  w^^^  we  may  not  barter  awaye  from  them  by  treaties 
^th  yow.  It  is  our  purchased  inheritances,  W^^  noe  wise  man 
would  part  w"^  upon  a  treatie  to  receiue  in  liew  tlierof  a  lease 
of  the  same,  upon  yo""  tearmes  wlio  haue  noe  right  thereunto. 
And  why  is  our  vnion  w'^  yow  by  our  comeing  vnder  yo^" 
pattent  vrged  now  as  necessary  for  peace  ?  seeing  wee  haue 
enjoyed  peace  mutually  while  wee  haue  bin  distinct  colonies 
for  aboue  twenty  years  past.  And  why  doe  yow  seperate  the 
things  well  GrQ(j  i^ath  joyned  togeither,  viz^  righteousness  & 
peace,  seeing  yow  psist  in  yo""  vnrighteous  dealing  w^'i  vs,  & 
pswade  vs  to  peace.  It  is  true  wee  all  came  to  New  England 
for  the  same  ends,  &  that  we  all  agree  in  some  maine  things, 
but  it  doth  not  followe  from  thence  wee  ought  therfore  to  vnite 
^th  yow  in  the  same  jurisdiccon,  for  the  same  may  be  saide  of 
all  the  vnited  colonies,  w^''  neuertheless  are  distinct  collonies. 

20.  That  vpon  a  more  dilligent  search  of  yo""  pattent,  we 
finde  that  Newliaven  colonic  is  not  included  w"un  the  line  of 
yo""  pattent,  for  we  suppose  that  yo""  bounds,  according  to  the 
expression  of  yo""  pattent  may  be  in  a  just  gramaticall  construc- 
tion so  cleared,  as  that  this  colonic,  in  euery  parte  of  it,  may 
be  mathematically  demonstrated  to  be  exempted  from  it. 

21.  That  the  p'"mises  being  duely  weighed,  it  will  be  yo"" 
wisdome  k  way  to  desist  wholy  &  foreuer  from  endeauouring 
to  draw  vs  unto  an  vnion  vnder  ypur  pattent  by  any  treatie  for 
the  future,  &  to  applye  ycselues  to  yo""  duety  towards  God, 
the  king,  &  vs.  1^'.  Towards  God,  that  yow  fearc  him,  & 
therfore  repent  of  yo""  vnrighteous  dealing  w"'  vs,  &  reforme 
what  yow  haue  done  amiss,  by  restoreing  our  members  w'^out 


1663]  JURISDICTION   OF   NEW   HAVEN.  529 

delaye  vnto  vs  againe,  that  yow  may  escape  the  wrath  of  God 
W^^  is  reuealed  from  heaven  against  all  vnrighteousness  & 
against  all  that  dishonour  his  holy  name,  especially  amoung 
the  heathen,  w^h  yow  haue  done  therby.  2.  Toward  the  king, 
that  yow  honoi"  him  by  lookeing  at  vs  as  a  distinct  colonic 
w'^'in  ourselves,  as  yow  see  by  the  prsemises  his  maj'^y  doth,  & 
by  restorin[g]  vs  to  our  former  intire  state,  &  C  members  to 
vs  in  obedience  to  his  maj'y  who  hath  comanded  vs,  as  a  dis- 
tinct colonic,  to  serue  him  in  weighty  affaires,  &  wherein  if 
yow  hinder  vs,  (as  yow  will  if  yow  still  w^'hould  our  members 
from  vs,  as  much  as  in  yow  lieth,)  yow  will  incurr  his  maj^'es 
just  &  high  displeasure,  who  hath  not  giuen  yow  in  yo""  pattent 
the  least  appearance  of  a  just  ground  for  yo""  layeing  any 
claime  to  vs.  3.  Toward  vs,  your  neighbours,  your  Ijretheren, 
yo""  confoederates,  by  vertue  wherof  it  is  yo''  dutye  to  pi'serue 
vnto  vs  our  colonic  state,  power  &  priuilidges,  against  all  others 
that  would  oppose  vs  therein  or  incroach  vpon  vs.  Is  Rosseter 
&  his  partie  of  such  valine  w'^i  yow  that  what  this  jurisdiceon 
doth  against  them  yo""  colonic  will  take  it  as  done  to  them- 
selues.  But  if  it  be  said,  as  one  of  yo'"  comittee  is  reported  to 
express  it,  that  yow  must  pforme  yo""  pmise  to  them,  as  Joshua 
&  eld^s  of  Israeli  did  to  the  Gibeonites,  doe  yow  not  see  the 
sundry  disparities  between  that  vow  &  yo^'^?  or  doe  yow 
indeed  make  conscience  of  yo""  vow  to  Gibeonites,  if  yo" 
tearme  them  soe,  &  w'^out  regard  to  yc  consciences  break 
yo''  pmise  &  most  sollemne  confcederation  to  Israelites? 
Doubtless  it  will  not  be  safe  for  this  colonic  to  joyne  in  one 
gouernmt  w^^  psons  of  such  principles  &  practises,  noe  treatye 
will  be  able  to  bring  vs  to  it.  Wee  beleiue  that  our  righteous 
God,  to  whom  wee  haue  sollemnly  &  publickly  commended  & 
committed  our  righteous  cause,- will  ptect  vs  against  all  that 
shall  any  way  wrong  &  oppress  vs;  neither  will  wee  at  all 
doubt  the  justice  of  his  majt'^^  our  king  as  well  as  yo'"%  &  of 
his  most  hono'''''e  counsell,  but  that  upon  hearing  the  buisness 
opened  before  them  they  will  effectually  releiue  vs  against  yc 
unjust  encroachmt%  as  the  matter  shall  require.  Wee  desire 
peace  &  loue  between  vs,  &  that  we  may  for  the  future  line  in 
love  &  peace  togeither  as  distinct  neighbour  colonies,  as  wee 
did  above  twenty  years  togeither  before  yow  receiued  &  miss- 
understood  &  soe  abused  yC  pattent;  &  in  hope  that  our 
uncomfortable  &  afflictiue  excersises  by  your  encroachments 
upon  our  rights  would  issue  herein,  we  haue  soe  long  borne 
what  wee  have  suffred  for  peace  sake,  now  it  is  high  time  that 
we  bring  these  unbrotherly  contests,  wherewti»  yow  have 
troubled  vs,  to  a  peaceable  issue.  In  order  thereunto,  we  doe 
offer  yow  this  choise,  either  to  returne  our  members  unto  vs 
67 


630  RECORDS  OF  THE  [1663 

uolluntarily,  w^^  wilbe  your  110110"^  &  a  confirmation  of  our 
mutual!  love,  or  to  remoue  them  to  some  other  plantation 
w'^in  yo""  owne  bounds,  &  free  vs  wholy  from  them,  for  we 
may  not  beare  it  that  such  foedifragous  disorderly  psons  shall 
continue  w"nn  the  townes  belonging  to  this  colonic,  to  disturb 
our  peace,  dispise  our  gouernm^  &  disquiett  our  members  & 
disable  us  to  obey  the  kings  comands.  But  if  they  stay  where 
they  now  are,  wee  shall  take  our  time  to  pceed  according  to 
justice,  especially  w^^  Browne,  for  his  contempt  of  the  declara- 
tion, &  therin  of  the  kings  comands  &  of  the  authority  of  this 
jurisdiccon,  &  w"i  Bray  Rosseter  &  his  sonne  for  all  theyr 
seditious  practices. 

Lastly  for  pi'vencon  of  any  misap''hencon,  we  crave  leave  to 
explaine  o""  meaning  in  any  passages  in  this  writing,  w^^  may 
seeme  to  reflect  censure  of  vnrighteous  dealing  w'*^  vs,  vpon 
yc  colony  or  generall  assembly,  that  we  meane  only  such  as 
have  bin  active  instrum^^  therein. 

New  Haven,  From  the  cofnittee,  by  order  of  the 

March  9'^,  16||.  Gen"  Court  of  Newhaven  Colony, 

James  Bishop,  Secretary.^ 


[Misc.  1.  81,  in  the  handwriting  of  John  Allyn.] 

[i«  these  papers  is  the  coppy  of  the  answ.  of  the  N.  Hauen  Case 
Stated,  4-  New  Hauen  Plea,  March  166  J. 
Honoured  Gent"  &  Neighbours, 

We  haue  according  to  o"^  pi'omise  in  o''  last  to  you  (sent  by  your 
messengers,)  considered  what  you  sent  to  us,  &  by  way  of  answ:  wee 
return  as  followeth, 

You  are  pleased  to  tearme  o''  claymes  &  o'  claymeing  o'"  interest,  an 
unjust  pretence  &  incroachment  upon  your  just  &  proper  rights,  to 
unty  this  knot  &  pretence  of  yours  in  all  the  perticulers  of  it  states  the 
whole  case  you  have  presented  in  your  large  scedule  &  multiloquous 
penings,  therefore  as  methodically  as  we  can,  &  curt,  as  the  litle  time 
we  haue  allowed  &  o''  other  weighty  concernments  will  permit,  in  few 
words  we  haue  adrest  o'^selues  for  resolution  &  your  conuiction. 

It  is  not  a  pretence,  but  a  reality  that  we  doe  &  haue  acted  upon,  we 
are  a  delegated  power  &  act  under  a  superior  head,  yours  «fe  o"  if  we 
both  know  o""  standing,  upon  whose  interest  we  doe  &  must  act,  & 
o''  acting  soe  shewes  o'  loyalty  to  o"'  souerigne  &  is  noe  way  dissonant 
to  a  religious  rule,  &  therefore  o"'  consciences  not  to  be  charged  w'''  delin- 
quency therein,  (we  forbeare  to  gird,  though  we  haue  your  coppy  for 
it  before  us,)  &  if  w"'  a  single,  not  sdif  willed  eye,  you  be  pleased  to 
p'use  &  weigh  what  we  haue  allready  premised,  the  next  perticuler  in 
order  is  resolued,  we  will  set  to  it  a  scale,  a  broad  scale,  which  we 
doubt  not  will  confirme  the  justice  of  all  o'  actings  towards  your  selues, 
if  o"^  great  forbearance  proue  not  prejudicial!  to  us,  we  being  trustees 


1663]  JUEISDICTION   OF  NEW  HAVEN.  531 

in  charge ;  and  then  if  what  we  clayrae  be  just  &  really  just,  what 
you  assume  to  yourselues  belongs  to  us,  what  you  haue  asperst  us  w"'all 
apply  it  to  yourselues ;  if  you  can  disproue  what  we  haue  rightly 
affirmed,  then  you  must  countermand  o'  allegation  w""  as  eminent  a 
delegation  &  sealed  w"'  as  broade  a  scale  allso,  yet  then  it  would  not 
be  so  eminently  euident,  but  doubtful!  &  admitt  a  tryall,  because  the 
plea  of  priority  would  be  o"  &  not  yours,  &  you  well  know  that  is  a 
good  plea  in  the  law. 

As  for  your  consultations  w""  freinds  in  England,  intentions  &  ends 
propounded  to  your  selues,  wee  see  no  more  argument  of  force  in  such 
precedaneous  discoursesfthen  in  a  dreame  of  rich  reuenues  to  an  awake- 
ing  poore  man  ji  of  the  same  nature  it  is  to  be  one  joyneing  in  the  pur- 
chasse  of  y*"  Massachusets  pattent  &  a  pattentee,  because  the  priuiledges 
thereof  extend  not  beyound  the  limits  of  y"  same,  for  o'  purchaseing  of 
one  peice  of  land  giues  us  no  right  to  o'  neighbours  feild,  &  it  is  a 
difficult  undertakeing  to  mayntayne  your  Indian  purchasse  from  y" 
right  owner  thereof,  or  to  plead  a  better  right  then  Conecticutt  who 
had  y''  right  of  conquest,  &  as  added  to  conquest  a  deed  of  gift  from 
the  great  sachem  Sowheage,  &  under  both  those  rights  possessing,  & 
by  the  court  of  Conecticutt  alloweing  you  a  plantation  right  in  that 
place,  &  then  calling  whom  there  agent  that  possest  the  same,  we  may 
well  question  the  foundation  of  your  gouerment,  unless  you  can  finde 
&  shew  a  Conecticutt  court  record  alloweing  the  same. 

And  as  for  Stanfords  being  adjoyned  to  N.  Hauen  gouerment  by 
consent  of  Conecticutt,  there  is  no  record  extant  that  we  can  finde,  but 
prouided  it  be  true  as  you  say,  they  are  but  words  of  course,  as  the 
case  now  stands,  because  the  conclusion  followes  not  upon  the  prem- 
ises, but  rather  all  your  many  instances  are  but  so  many  florishes  as 
blinding  mists,  to  darken  the  truth  as  now  it  is. 

Your  high  prizing  of  M'.  Eaton  that  worthy  man  deceased,  whoe 
we  owne  was  wise,  graue  &  godly,  &  we  could  allso  say  that  we  haue 
had  gouernours  not  much  inferiour  whoe  now  w'''  him  lye  in  the  dust, 
but  such  applauses  litle  promote  o'  state  concernments  in  this  present 
contest,  wherfore  we  shall  pass  them  ouer  as  not  so  pertinent. 

But  you  say  from  the  first  you  mainteined  your  Quilipiage  agaynst 
the  clayme  of  the  Dutch,  by  hewing  out  y'  Kings  Armes  in  wood  & 
aduanceing  them,  (marble  &  brass  are  the  more  lasting,)  but  we  of 
Conecticut  mayntayne  o"  rights  &  clayme  now,  by  the  kings  armes  in 
waxe,  which  is  a  confirming  scale  to  his  royall  pleasure  in  expresse 
words  &  directions  for  o'  setlement  for  euer  hereafter. 

You  say  all  New  England  consented  that  N.  Hauen  should  be  & 
were  a  distinct  gouerment,  except  Road  Island.  It  is  likely  that  is 
a  mistake,  for  Pascataway  was  then  a  gouerment  &  Augamenticus,  & 
seuerall  other  planted  places  more  eastward,  whose  consent  &  appro- 
bation was  neuer  sought  for  as  we  suppose,  but  if  it  were  as  is  sayd, 
there  is  no  danger  to  yeild  to  it  or  argument  in  it  to  aduantage. 

The  mayne  argument  as  followes  is  the  combination  &  solemne  con- 
federation, unto  which  we  answer, 

1.  The  combination  did  not  constitute  a  gouerment  w"*  power  & 
priuiledges,  onely  amicable   complyance    &   mutuall  helpfulness  in 


632  RECORDS   OF  THE  [1663 

comon  concernments,  as  bordering  freinds  &  neighbours  in  a  distracted 
wilderness. 

2.  The  causall  inducement  of  the  combination  was  a  former  exigence 
felt  (as  in  the  Pequet  warre,)  &  for  future  feared,  as  uis  unita  fortior, 
to  deter  a  comon  enemy  from  future  attempts  in  like  kinde,  &  to  pro- 
mote mutuall  wellfare. 

3.  As  a  uow  is  disanuld  by  the  contradiction  of  a  superior,  so 
where  the  word  of  a  king  is  there  is  power,  &  we  haueing  the  word 
of  a  king  w"*  a  religious  loyalty  we  are  to  obserue  it  when  we  may  doe 
soe,  w"'out  sin  in  doeing  see. 

4.  It  is  o''  duty  (when  w'''out  sin  we  may  soe  doe  it)  to  obey  o"  king 
in  his  lawfull  comands,  when  euery  year  Ave  take  o"  solemne  oathes 
exactly  to  atend  all  his  &  o'  lawfull  appoyntments. 

These  perticuler  arguments  allso  answer  the  comon  title  of  the 
fower  united  colonyes,  for  by  the  combination  cam  in  that  union. 

And  for  the  title  of  a  Colony,  it  is  not  a  title  of  honour  properly, 
neither  doth  it  imply  gouerment ;  the  bases  of  o""  gouerment  is  not  that 
empty  title,  but  as  subjects  of  his  royall  majesty  by  his  abundant  grace 
we  are  created  and  made  a  body  politique  &  corporate  w"'  power  & 
priuiledges,  &  the  extent  of.  o'  corporation  ordered  to  be  all  that  part 
of  his  majesties  dominions  in  N.  E.,  bounded  as  o"^  charter  expresseth, 
&  intrusting  us  w'''  y"  care  of  all  the  plantations  therein  &  the  gouer- 
ment of  all  the  people  thereof;  &  because  it  is  a  duty  incumbant  on 
us  to  be  faythfull  to  o'  trust,  we  doe  declare  &  clayme  (not  w"'  a  flour- 
ish of  emj^y  words)  as  under  o"^  gouerment,  all  those  plantations  which 
you  possess  &  haue  formerly  gouerned  as  peculiarly  belonging  to 
o'  corporation,  requireing  your  subjection  to  o'  order  &  lawes  in 
obseruance  to  the  order  &  appoyntment  of  o'  royall  soueraigne  & 
yours. 

Then  you  improue  as  another  argument  that  M'.  Grexson  intended 
to  procure  a  pattent,  &  was  imployed  therein  by  your  selues,  w"'  the 
consent  of  Conecticutt,  for  the  pi'ocureing  of  power  &  priuiledges,  for 
both  are  implyed  by  your  mention  of  a  pattent,  thoe  therebe  no 
inforceing  argument  for  what  you  intend  it  in  these  presents,  yet  we 
must  take  notice  of  what  may  appeare  as  contradiction  &  o'  aduantage, 
for  this  endeauour  succeded  the  combination,  &  therefore  it  was  then  the 
conclution  both  of  your  selues  &  us  (as  you  say)  that  o'  combination 
was  not  sufficient,  pattent  right  was  requisit,  yet  peruseing  the  preface 
to  the  combination,  we  question  the  truth  of  it,  it  being  neyther  upon 
record  &  that  preface  in  playne  &  full  words  expressing  that  by  reason 
of  sad  distractions  in  England  by  which  we  were  hindred  both  from 
seeking  &  reaping  the  comfortable  fruits  of  protection,  &c,  which  is 
the  great  priuiledg  conferred  by  letters  pattents,  &  if  then  patent  right 
was  requisite,  now  wee  haue  obteyned  it  &  you  are  included  w"'in  it, 
wherefore  ready  submission  would  better  become  you  then  bold  insult- 
ings  &  charges,  we  pass  perticulersjbfreifly,  knoweing  that  a  word  to 
y°  wise  is  sufficient. 

You  say  Conecticutt  sought  a  patent  w^'out  your  consent,  when  you 
had  formerly  taken  in  there  consent  to  M'.  Grexons  intention  as  before, 
we  say  as  before  we  haue  sayd,  we  can  finde  no  record  witnessing  the 


1663]  JURISDICTION  OF  NEW   HAVEN.  533 

same,  but  to  take  off  your  causless  offence  herein,  we  doubt  not  but 
you  well  know  that  we  payd  hundreds  of  pounds  to  M^  Fenwick  & 
his  agents  for  patent  rights  seuerall  years  together,  &  we  will  now 
informe  you  we  had  a  full  promise  &  ingagement  for  the  sending  & 
deliuering  into  o''  possession  that  pattent  which  we  had  payd  so  dear 
for,  the  date  of  the  graunt  of  which  pattent  did  p'cede  y'  combination 
or  your  knowledg  of  a  place  called  Quilipiage  in  New  England,  & 
this  patent  which  now  we  haue  is  but  that  which  formerly  we  should 
haue  had,  w"'  some  smale  addition  &  inconsiderable  alteration,  & 
neyther  that  addition  or  alteration  reflecting  upon  your  selues  in  any 
measure.  O""  owning  of  you  in  a  tacit  way  we  doubt  not  but  will  be 
judged  a  favoure  in  the  true  sence  of  such  as  haue  eyes  to  see  &  hearts 
to  understand. 

As  for  your  letter  from  y^  L''^  of  y"  Councill,  persons  whome  we 
highly  honour  as  your  selues  doe,  yet  we  suppose  it  was  sent  in  the 
time  of  the  great  distractions  in  England,  when  the  king  was  seperate 
from  his  parliment,  but  now  we  haue  receiued  lett"  pattents  confirmed 
by  broad  seal  &  writt  of  priuy  scale,  king,  councell  &  parlement  all 
consenting,  &  not  onely  owneing  of,  but  establishing  us  w"'  corporation 
power  &  priuiledges,  upon  which  we  may  act  more  boldly  then  on  a 
presumption  only,  &  are  bound  to  act  soe,  &  that  under  oath  &  by 
royall  appoyntment. 

Your  affirming  Conecticutt  had  no  patent  but  w'''iu  these  two  years 
last  past  we  haue  fully  answered  it  before,  a  patent  formally  con- 
firmed &  possessed  we  had  not  till  of  late,  thoe  we  had  payd  a  consid- 
erable sume  &  had  the  same  firmly  ingaged,  had  we  had  it  before,  we 
should  haue  acted  upon  it  as  now  we  doe,  &  probably  more  uigorously. 

Greenwich  setled  by  the  comissioners,  was  in  the  time  of  ignorance, 
which  doth  not  alienate  a  true  proper  right  for  euer. 

As  for  that  freinds  Avarning  lett"^'  to  o'  bono"'  gou"^,  &c,  we  know  not 
what  they  were,  but  it  is  attested  that  your  then  gou''  desired  o''  bono' 
gou'  to  include  N.  H.  w"'iu  o''  charter,  &  by  a  lett''  &  improueiug  his 
interest  in  some  freinds  he  further  endeauoured  the  same. 

You  affirme,  if  N.  H.  were  w"'in  the  pattent  they  should  haue  bene 
warned  to  the  first  gen"  assembly,  for  we  could  not  constitute  a  generall 
assembly  w'''out  them ;  this  is  hardly  worth  an  answer,  but  to  preuent 
a  cauill,  the  power  &  priuiledg  was  not  conferd  on  N.  H.  but  on 
Conecticutt,  &  this  euidently  appears,  because  the  fauour  extended  is 
unto  those  that  formerly  had  purchased,  conquered,  &  now  petitioned, 
&  we  should  haue  acted  imprudently,  disorderly  &  justly  offenciue  to 
o'  associates  so  to  haue  done,  before  we  had  discouered  his  majesties 
fauour  towards  them  in  his  gracious  grant,  &  preferring  others  less 
obliged. 

The  nex  perticuler  presented  is  the  rent  &  disturbance  thereby  to 
your  gouerm'  &  orderly,  constitution  (as  you  say,)  by  o'  admission  of 
some  of  your  members  under  o""  protection.  Those  of  your  members  (as 
you  terme  them)  clearly  perceiueing  themselues  included,  &  aduisedly 
considering  there  duty  for  willing  &  ready  obseruance  of  his  majesties 
pleasure  &  appoyntment,  &  for  obedience  unto  o''  corporation  power  as 
ready  subjects  to  both,  owning  us  as  we  are  truly  delegated,  we  could 


534  RECORDS   OP  THE  [1663 

not  w"'out  some  danger  but  accept  of  them,  confirming  security  &  pro- 
tection, &  doe  conclude  the  like  ready  obedience  from  your  selues 
would  haue  bene  more  regular  &  comfortable  to  your  selues  at  last,  the 
euent  will  discouer. 

Now  to  giue  you  a  short  answ:  to  o'  hon"*  gouernors  lett"  to  Major 
Masoh,  which  as  yet  neuer  came  to  o"^  honou'^  Major  or  o"^  hands,  if  it 
be  w"'  you,  you  had  done  well  if  you  had  sent  it  us. 

2.  As  for  his  engagement,  it  was  after  we  had  reced  your  members 
(as  you  terme  them)  &  it  euidently  appeal's  the  complaynt  being  upon 
that  acco'. 

3.  We  had  then  reced  o"^  lett"  pattents,  &  acted  according  to  o"  in- 
structions &  directions  in  them  from  his  majestic,  o'  true  loyalty  to  his 
gracious  appoyntments  &  o'  proceedings  therein  his  majesty  hath 
determined  &  warranted  pleadable  in  law  agaynst  himselfe  &  his 
successors,  &  soe  Ave  stand  free. 

But  in  respect  of  y*"  honour  of  o'  worp"  gou',  as  we  are  able  we  shall 
answ:, 

1.  O"^  gouernour  knew  the  extent  of  the  patent,  the  desire  of  your 
then  gou",  as  by  letter  &  perswassion  of  freinds  appears,  &  therefore 
in  the  order  of  the  patent  acted  inocently  &  blaralessly,  expressing  his 
great  curtesy  &  tender  respect  towards  you,  &  this  bluster  of  yours  is 
a  uery  ungratefull  return  for  all  his  loue,  fauoure,  &  tenderness. 

2.  Your  selues  could  not  but  be  well  acquainted  w"'  what  we  ex- 
pressed, before  you  sent  into  England  unto  o'  honoured  gouernour  by 
way  of  complaynt,  for  you  had  receiued  a  coppy  of  the  patent  by  o'  first 
comittee  sent  from  Conecticutt  unto  you. 

3.  You  know  that  the  absolute  power  was  now  in  the  hands  of  the 
corporation  of  Conecticutt  to  doe  according  to  the  tenour  thereof,  &  not 
in  o''  gouernours  power  to  alter  y"  same. 

4.  O'  bono"*  gouernour  receiueing  your  complaynt  (and  from  a  ten- 
der affection  &  fauour  towards  yourselues)  endeauoured  to  doe  his 
utmost  to  promote  your  desires,  &  what  a  rewarde  he  hath  for  his 
labour  of  loue  from  you,  the  world  may  judg. 

5.  Lastly,  this  cannot  aduantage  your  cause  nor  be  an  euidence  in 
your  plea,  for  he  passeth  no  engageing  promise  to  you  therein,  but  as 
a  freind  perswadeing  those  whome  it  altogether  concerns  to  doe  what 
possibly  &  fayrly  may  be  done,  w"'  the  highest  ingageing  expressions 
aduenturing  as  far  as  may  be  to  doe  you  a  kindness,  which  you  should 
haue  accepted  if  you  had  known  your  selues. 

For  y'  comissioners  last  act  in  relation  to  those  o'  concernem",  there 
caution  introduced  in  relation  to  the  Dutch,  is  a  wary  answ:,  Saueing 
o'  alegiance  to  his  majestic  &  interest  by  pattent,  which  you  may 
accept  of  as  o'  present  answer  to  your  alegation,  for  there  is  a  stronger 
argument  in  it  then  yours  alledged. 

And  for  your  mathematical!  measures  &  discouery,  it  might  doe  us 
some  seruice  in  y'  line  betwixt  us  &  JJle  Massachusets,  if  you  haue  an 
able  artist,  when  he  is  desii-ed  by  them  &  us  to  atend  that  seruice,  but 
o'  charter  is  the  true  astroglobe  for  o'  south  bownds. 

Gent",  These  shadowes  being  flush  and  fled,  in  the  next  place  we 


1663]  JURISDICTION   OF  NEW   HAVEN.  535 

shall  make  some  short  returne  to  your  sharpe  reprofes,  &  answ:  your 
arguments  breifly. 

O""  returne  to  y"  naratiue  giues  you  a  full  answ:  to  all  your  argu- 
ments, yet  to  silence  cauills  full  of  empty  adored  conceipts,  to  each 
argument  we  shall  take  y"  paynes  to  glue  a  short  answ.  only  premising 
to  preuent  tartalogy. 

1,  Your  selues  haue  proclaymed  o"^  king,  owned  him  your  souraigne 
&  your  selues  his  subjects  &  y*  places  you  possess  part  of  his  majes- 
ties dominions  abroad,  &  in  your  p'sent  writing  declareing  that  you 
intend  (if  not  allready  attempted)  to  improue  means  for  obteyning  a 
patent. 

2.  You  well  know  a  king  in  his  owne  dominions  is  by  all  men 
tearmed  pater  patriis,  &  in  scripture  record  he  is  sd  to  be  a  nursing 
fath"^,  &  then  all  his  subjects  or  his  children  bound  to  obey.  Eccles. 
8,  2!     1  Pet.  2,  13,  14. 

1  Arg':  That  Conecticutt  in  entertayneing  some  inhabitants  of  Stan- 
ford, Guilford  &  South  Hold,  they  did  it  by  a  pretended  power  agaynst 
the  just  right  of  N.  Hauen  Colony  &  w'''out  there  knowledg  &  consent. 

This  assumption  is  false,  both  in  the  p'^tended  power  mentioned  & 
the  just  right  as  you  apply  it,  for,  1,  O"^  power  is  reall,  not  pretended, 
it  is  formally  legall,  as  by  o"  letters  patents  doth  undeniably  appeare, 
being  ratifyed  by  broad  scale.  2.  For  your  just  right,  that  appeares 
to  be  your  pretence  &  p'"sumption  only,  &  it  canot  be  mayntaj'ned 
unless  you  can  shew  a  deed  of  gift  sealed  as  o"  &  precedent  allso,  & 
3dly,  Whereas  you  say  what  we  did  was  w'''out  your  knowledg  &  con- 
sent, we  answ:  1.  Your  consent  was  not  absolutely  requisite,  the  places 
possest  by  them  being  w^'in  o'  charter  limits  &  the  gouerment  of  the 
people  comitted  to  o''  care,  &  they  claymeing  it  as  there  priuiledge  & 
o'  selues  clearly  perceiuing  it  to  be  soe  could  not  deny  them  w"'out 
unfaythfullnes  in  o'  trust. 

Hence  your  prolixe  discourses,  (by  way  of  explication  of  this  argu- 
ment,) respecting  the  5'"'  &  8"'  comandment,  reflect  upon  your  selues 
as  the  transgressors,  w"'standing  your  ready  obedience  to  y^  order  & 
appoyntment  of  your  noursing  father,  &  attempting  to  intrude,  & 
actually  disturbing  of  us  in  o'"  just  rights.  As  for  your  purchase  of 
the  Indians,  it  is  uery  questionable  whether  you  purchased  of  y"  right 
owners,  but  if  you  did,  as  your  selues  say,  yet  you  purchased  but  land 
of  them  &  not  jurisdiction  power,  about  which  is  o'  only  contest. 

2  Arg':  Conecticutt  haue  assumed  to  themselues  power  of  jurisdic- 
diction  ouer  part  of  o"^  members  w"'out  just  right  thereunto. 

This  assumption  is  altogether  fals,  for,  1.  We  assumed  not  this 
power  to  o"'  selues,  o''  letters  patents  are  o^  witness,  which  declare  that 
his  royall  majesty,  of  his  abundant  grace,  certayn  knowledg  &  meer 
motion,  hath  created  &  made  us  a  body  politick  &  corporate,  to  exer- 
cise o"'  gouerment  ouer  all,  your  selues  not  excepted,  which  is  sufficient 
to  discouer  o"^  just  right  beyond  exception,  &  to  cauill  agaynst  it  is  only 
to  bid  battell  to  a  shadowe. 

As  for  your  mathematicall  demonstration,  we  judg  it  not  worthy  to 
be  weighed  in  the  ballance  of  reason,  it  is  soe  unreasonable.  1.  It  we 
exceed  o"  lyne  &  limits  it  is  a  trespass  agaynst  the  king,  when  his 


536  RECORDS   OP   THE  [1663 

attourney  generall  appears,  then  we  will  plead  o"^  pattent,  for  his  royall 
Hiajesty  of  his  abundant  grace  hath  made  it  pleadable  agaynst  him- 
selfe  &  for  y^  best  behoofe  of  y*"  gouernour  &  company.  2.  If  you  had 
a  pattent  &  there  were  to  be  a  lyne  setled  for  peace  betwixt  us  we 
should  readily  atend  you  therein,  but  we  canot  understand  that  his 
majesty  hath  yet  giuen  you  distinct  from  us  a  mathematicall  lyne. 

3  Arg':  Conecticutt  haue  acted  contrary  to  promise  &  confederation. 
Answ:  In  nonage  the  contradiction  of  a  superior  makes  uoyd,  a 

father  disanulls  the  childs  act,  that  is  powei'less,  for  the  dispose  or  gift 
of  gouerment  is  onely  the  gift  of  y°  nursing  father  w'''in  his  owne  ter- 
itories  &  dominions,  if  otherwise,  it  was  blameable  folly  to  be  at  such 
large  expence  to  procure  a  pattent,  when  the  comission"  might  haue 
graunted  it  for  an  inconsiderable  sume,  &  it  will  be  y''  like  folly  in 
yourselues,  especially  being  minded  &  forewarned  of  it ;  the  true  ques- 
tion here  is  whether  his  majesties  appoyntment  or  y"  comissioners  is 
of  most  force  &  valid. 

4  Arg":  Conecticutt  haue  done  contrary  to  y''  generall  rule  of  loue 
&  righteosnes. 

Ans.  1.  In  euery  arg':  we  find  the  question  begd.  2.  Hence  y° 
assumption  is  false,  but  3dly,  to  appoligize  for  o"^  loue  &  righteousnes, 
1,  for  loue,  by  your  then  cheife  in  gouerment  o""  gouernour  was  sollicited 
to  include  N.  H.  w"'in  o''  pattent,  both  by  speech  &  letter,*  &  freinds 
in  England  were  improued  by  some  of  you  to  perswade  to  &  promote 
the  same,  &  according  to  your  desires  attended  the  best  expedient  to 
express  sincerity  of  loue,  your  case  &  condition  at  that  time  duely 
considered,  &  since  by  o""  many  louing  insinuations,  solicitings  &  loue- 
ing  treatys,  both  for  your  owne  good  &  ours,  &  large  offers  of  imuni- 
ties  &  libertyes  as  great  as  o'  owne,  &  as  farr  as  we  could  possibly 
extend  according  to  o"^  charter,  what  could  we  haue  done  more.  2. 
For  righteousnes,  y'^  extremity  of  justice  we  haue  not  used,  but  y^  mod- 
eration of  justice;  we  might  haue  imediatly  declared  you  under  o'  gou- 
erment, required  your  subjection,  upon  refusall  severely  censured  & 
have  justifyed  what  we  had  done,  yet  we  have  vsed  much  patience, 
forbearance,  wayting,  &  expence  of  much  time  &  charges,  if  possibly 
we  might  haue  gayned  yow  w"'out  much  extremity,  &  we  doubt  not 
but  vnderstanding  judges  will  interpret  it  an  extreme  condescendency 
&  chargable  labo'  of  love ;  besides  for  righteousnes,  yow  were  included 
in  o""  former  patent  graunt,  which  was  before  y"^  being  o"^  your  planta- 

*  Hubbard,  Hist,  of  N.  E.  311,  says  that  New  Haven  was  comprised  within  the 
charter  limits  "  according  to  the  desire  of  Connecticut  and  the  honourable  William 
Leet,  Esq.,  then  governour  of  New  Haven,  as  by  his  letter  to  governour  Winthrop, 
then  going  for  England,  may  appeal-." 

The  Council  of  Connecticut,  also,  June  16th,  1675,  when  were  present  Dep.  Gov. 
Leete,  James  Bishop,  Capt.  John  Nash,  and  Major  Robert  Treat,  in  their  reply  to  a 
letter  from  Sir  Edmond  Andross,  declare  that<^'  Concerning  those  parts  about  New 
Haven,  it  is  sufficiently  knowne  that  their  conjunction  with  this  Colony  was  desired 
by  the  cheife  amongst  them,  which  being  moved  at  the  very  first  happy  restauration 
of  his  Mat",  it  was  so  comprehended."     Trumb.  Col.  Rec.  Conn.  ii.  S73. 

Mather,  Mag.  i.  78  (ed.  1820,)  makes  a  similar  statement. 


1663]  JURISDICTION   OF   NEW   HAVEN.  637 

tion,  and  at  chargable  purchase  to  o"'selves,  &  this  o''  patent  expresses 
it  a  valuable  consideration  of  o'  p'^sent  confirmatio,  &  now  haveing  soe 
fully  exp'ssed  o'selves  &  informed  yo'selves,  we  can  appeale  to  al  y' 
Christian  world  for  judges. 

5'*'  Arg"':  If  j"  generall  assembly  vpon  y^  receipt  of  y''  patent  agreed 
to  treat  w""  N.  Haven  about  vnion,  &  in  y^  interim  accept  of  some  of 
y"  members  w^'^out  y"  concent,  they  dealt  vnrighteously,  but  soe  Con- 
necticot  did. 

Answ:  This  arg'"'  lookes  like  a  chaos,  there  is  soe  much  jumble  in  it ; 
it  is  hypotheticall  w"'  a  sequel  in  y°  first  proposition,  w"'"  is  to  be  denied 
as  a  non  sequitur,  for  both  may  be  w"'out  any  vnrighteousnes,  for  it  is 
y  king  that  hath  vnited  you  &  vs ;  to  have  refused  y"  ready  submis- 
sion of  any,  had  beene  vnrighteousnes  towards  y''  persons  tendring 
y'  obedience,  &  a  negligent  retarding  of  y""  kings  appointment;  the  vote 
for  a  treaty  for  vnion  onely  respected  y"  modus,  for  a  more  placite 
entertainment  of  w'  in  duty  &  loyalty  was  to  be  attended.  If  authority 
entertains  one  y'  voluntaryly  offers  himselfe,  persAvades  another, 
comands  a  third,  he  sins  in  neither,  nor  though  he  had  determined  to 
treat  w"'  y'"  together  before  y\  &  truly  y''  greatest  danger  of  dismem- 
bring,  &  loosing  a  ear,  is  in  refusing  submission  to  his  majesty s  lawfull 
appoyntm'. 

Arg""  6''':  Connecticot  pleades  a  power  over  N.  Haven  by  virtue  of 
a  patent,  &  it  gives  them  noe  such  power,  whereby  they  abuse  y'  patent 
&  deale  vnrighteously. 

Answ:  This  answered  before,  &  it  is  too  favorable  to  say  it  is  like 
two  sentences  to  one  sense,  rather  six  sentences  &  noe  sense,  like  men 
spoken  of  in  y^  prophet,  that  have  eyes  &  sees  not,  hartes  &  vnder- 
stand  not. 

To  y"  remaining  argum"  we  say,  &  sufficient  is  sayd  to  mayntayne 
it,  1,  that  o"  entertay""  of  those  members  was  righteous,  o""  promise  of 
protectio  lawfull,  therefore  y'  we  may  avoyd  vnrighteousnes,  &  it  per- 
forme  we  must;  2,  their  submission  was  righteous  &  comendable,  we 
dare  not  call  good  evill;  3.  then  if  Joshua  tooke  himselfe  bound  to  keep 
promise  w"'  y"  Gibeonites  who  acted  wilily,  &  were  of  y'  people  w"*" 
were  appoynted  to  destructio,  much  more  must  Ave,  when  people  of 
o'  owne  language,  nation,  profession,  &  freinds,  are  appointed  and 
ordered  vnder  o'  care  &  protection,  keep  o""  promise  w^''  y'",  allowing 
y"  an  interest  in  al  o'  priviledges  w""''  are  comon  to  y'"  as  wel  as 
o"  selves.] 


[These  petitions  appear  to  liave  been  presented  to  the  General  Assembly  of  Con- 
necticut in  March  and  May. 

[Misc.i.  doc.  82.] 

For  the  Hon''  Generall  Assembly, 
Hon"'  Gentlemen, 

I  haue  twice  p'^sented  my  humble  request  to  the  consideration  of 
your  impowred  councell,  I  allso  haue  done  the  same  to  the  hon''  Assem- 
bly in  the  first  place  &  beginning  of  this  p'sent  court,  &  as  yet  can 
obteyne  noe  fully  satisfying  resolution ;  my  state  &  p''sent  condition  is 
68 


638  RECORDS  OF  THE  [1664 

well  knowne  vnto  you  ;  if  tenne  dayes  hence  be  your  resolue,  to  a  man 
pei-ishing  in  a  famine  it  would  proue  a  languishing  returne,  &  in  the 
eighth  day  you  may  pbably  inuite  to  a  funerall :  If  the  wrong  I  sus- 
teyne  may  not  admitt  of  a  p'sent  reparation,  yet  for  my  exspences  in 
my  city  of  refuge,  making  my  escape  to  neighbours  &  freinds ;  or  full 
order  to  place  what  is  exspended  moderately,  vnto  your  accounts,  & 
treasurers  cognizance,  to  p^ient  affliction  added  to  affliction,  it  would 
be  some  small  ease  to  a  distressed  mind,  &  giue  occasion  in  some 
degree  to  speake  well  of  you :  Thoe  my  reall  exspectation  is  for  a  full, 
&  an  effectuall,  &  allowance  to  the  inioym'  of  the  full  benefitt  of  the 
law,  w'^''  is  noe  other  then  the  gracious  appoyntm'  of  our  Royall  Soue- 
raigne,  &  o"  iust  right,  to  p'"uent  complaynts  as  much  as  may  be  will 
certaynly  be  a  common  good  &  aduantage,  &  soe  at  p'^sent  I  rest, 
Hartford,  Yrs  to  serue  &  obserue, 

March  19,  |f.  Bray  Rosseter. 

[Misc.  i.  doc.  83.] 
Right  worshipfull  &  much  honered  Gentelmen, 

Such  is  our  deplox'able  condition,  y'  wee  are  enforced  euen  once 
more  to  be  troublesom  to  you,  in  renewing  our  formor  soUicitous 
■requests  to  youre  selfes,  y'  y"  would  improufe  y'  interest  God  hath 
betrusted  y"  with,  for  the  healeing  of  our  breaches  &  the  restoreing  of 
us  to  y'  measure  of  peace  &  liberty,  y'  wee  may  serue  God  in  the 
dutyes  both  of  our  generall  &  perteculer  calling,  without  those  uncom- 
fortable distractions  &  incomberanses  y'  dayly  we  ly  opreesed  under. 
You  are  not  unaquainted  w""  our  unsetled  state  &  the  sad  consequen- 
ces thereof  allredy  past ;  wee  haue  cause  more  then  a  letle  to  suspect 
y'  yet  further  assaults  will  be  made  uppon  us  to  our  great  disturbanc, 
we  being  informed  y'  y^  will  haue  another  spell  at  us  (to  use  there 
one  words)  to  put  in  execution  there  late  decleration,  &  that  y^  will 
speedely  take  another  course  with  us,  &  the  like. 

Gentlemen,  if  y''  haue  no  power  to  ptect  us  from  the  iniury  of  others, 
why  did  you  admit  us  under  the  shadow  of  youre  winges  ?  &  ingage  to 
be  reall  in  ptecting  &  defending  our  persons  &  estates?  if  y"  haue 
power  why  are  not  such  sollem  couenants  fullhled?  why  is  it  we  are  in 
danger  to  be  surprised  &  damnified  euery  day? 

Giue  us  leaufe  to  expostulate  the  case  with  you,  &  y'  humbly,  (as 
becoms  children  speaking  to  there  parence,)  are  y"  not  sworne  to 
p'^serue  the  charter  writes  &  p''ueleges  ?  haue  wee  not  under  youre  one 
hand  &  scale  y'  you  will  to  your  utmost  secure  us  from  danger?  doth 
not  consience  plead  with  you  to  be  tru  to  youre  couenant  &  oth?  are 
you  not,  yea  douteles  you  are,  men  feareing  God  &  y'  dare  not  know- 
ingly transgres  his  righteous  lawes ;  should  not  iustis  &  iudgment  run 
downe  our  streetes  like  a  mighty  streame,  was  not  Gods  rath  dredfull 
against  all  Ezerall,  &  especially  Sals  house  therein,  for  breach  of  coue- 
nant w"'  uery  slaues  who  were  befoife  apoynted  to  destruction  ?  did 
not  Josua,  the  instrumentall  sauiour  of  Ezerall  &  a  tipe  of  our  greate 
Sauiour,  p"^sently  march  forth  to  the  sucker  eaid  &  releife  of  Gibon  ? 
Josua.  10,  6,  7,  and  y'  because  of  the  couenant  made  with  them. 
Cap.  9, 15. 


1664]  JURISDICTION   OF  NEW   HAVEN.  639 

Gentelmen,  if  we  proufe  ouerbould  with  y",  impute  it  to  the  extrem- 
ety  of  our  condition  &  y'  nesesitous  exsegency  of  our  case;  we  had 
good  hopes  when  som  of  our  honered  magistrats  were  eye  witnesses  of 
y"  eminent  dangers  we  where  exsposed  to  this  last  winter,  wee  should 
haue  had  some  efFectuall  &  speedy  redresse ;  but  our  times  &  all  our 
changes  are  in  Gods  hand,  who  disposes  of  all  thinges  according  to  the 
counsell  of  his  one  will,  &  it  becoms  us  to  weate  his  leasure  for  the 
gaineing  of  any  mei-cy  wee  need  or  desix-e  from  him.  Yet  we  iudge 
our  selues  bound  in  conscience  to  use  all  lawfull  meanes  y'  we  may 
Hue  as  Christians,  &  sit  under  our  one  nine  &  fig  tree  with  peace  & 
safety ;  we  therefore  beg  of  y"  to  conseder  our  p'sent  streats  &  deficul- 
tyes,  &  let  us  haue  some  answer  of  peace  from  y",  lest  ouer  beareing 
discoragements  seize  uppon  our  sperits  for  y'  want  thereof. 

Your  redines  to  sucker  us  in  our  p'^sent  distres,  will  greatly  oblige  us 
to  y",  &  incorage  us  euer  to  pray  for  your  peace  &  prosperity.     In 
hopes  of  which  we  rest,     Gentelmen,  youre  humly  denoted  sei-uants, 
Guilford,March29,1664.     Thomas  Clarke,  John  Steuens, 

Thomas  Steuens,  John  Bishopp, 

Thomas  Cruttenden,    John  Graue, 
Thomas  Smith,  John  Hill, 

William  Steeuens,       John  Sheather, 
Abraham  Crittenden,  George  Chatfeild, 
George  Hylend,  Isaac  Cruttendon, 

Dennis  Crampton,        Hennry  Crane, 
John  Meiges. 

[Misc.  i.  doc.  84.] 
For  this  Hon"^  Assembly, 

It  is  well  knowne  that  I  haue  often  appeared  &  made  my  application 
to  the  hon''  couucell  &  seuerall  assemblyes  at  least  tenn  times,  &  haue 
importuned  for  some  redress  of  those  vnsuiFerable  inuries  &  pressures, 
the  loade  &  burden  vnder  which  I  lye  bowed  downe,  notw'^'standing 
I  haue  giuen  in  my  reasons  that  haue  bene  conuincing  to  yourselues, 
strength  of  reason  as  you  ar  men,  rules  of  religion  as  you  ar  Christians, 
yet  haue  not  receiued  an  ansAver  neyther  according  to  reason,  nor  reli- 
gion, neyther  in  part,  much  less  in  the  whole.  Shall  I  say  as  the 
wounded  man,  the  leuite  passeth  by,  &  the  publick  parent  &  haue  noe 
pitty;  shall  a  Samaritane  exceed  in  religious  charity:  yet  my  request 
hath  bene  soe  rationall  &  religious,  that  a  man  amongst  you  cannot 
obiect  agaynst  it,  w^h  I  haue  reduced  to  two  heads,  as  first  that  your- 
selues would  make  good  your  faythfuU  pmises  &  most  solemne 
ingagem'',  w^li  the  rules  of  honesty  binds  you  vnto,  &  secondly  that  I 
might  haue  the  benefitt  of  the  law  to  psecute  my  aduersaries  according 
to  rules  of  iustice,  that  yet  at  length  iustice  might  runne  downe  your 
streetes  &  God  delight  to  bless  yow:  &  that  meere  affection  might 
noe  longer  interpose  &  exasperate  complayuts  vppon  such  accounts, 
&  now  more  espetially  I  suppose  is  the  season,  N.  Hauen  Champion, 
(in  whome  they  haue  soe  much  confided,  &  yourselues  soe  much 
feared,)  being  now  disclosed  &  foyled,  &  his  confederates  pbably  little 
less  guilty,  vppon  a  due  &  thorough  examination ;  the  causes  of  my 


540  RECORDS   OP   THE  [1664 

sufFrings  being  well  knowne,  for  his  Ma""  interest  &  appoyntm*,  & 
therein  ray  ready  subiection,  with  the  rest  adioyned,  w"*"  being  duely 
attended  will  ingage  vs  to  continue  our  willing  obedience  &  pray  for 
yow.  Brayan  Rosseter.] 

Hartford,  May  20%  1664. 


[376]  At  a  Gen^i  Court  held  at  Newhaven  for  the  Juris- 
DiccON,  THE  3''  OF  May,  1664. 

Pi'SENT, 

Deputies. 
The  Governo'",  L.  John  Nash,  .  t^-     , 

The  Deputy  Governos  James  Bishop,  ^  ^^ewnaven. 

Mr.  W»  Jones,        )  7,^     . 
M^  Robt  Treat,         f^ff 
M^  Jasper  Crane,  ) 

The  Governo''  acquainted  the  court  that  he  haveing  sent  a 
letter  to  the  councell  of  the  Massachusetts,  (by  desire  of  this 
councell  here,)  &  had  now  received  an  answer,  both  which 
letters  was  read  to  the  court.*     In  the  first  was  two  things 

Governor  Leete  to  the  Council  of  Massachusetts. 
Honfti  Gent: 

Although  we  gaue  a  former  acco':  of  y^  sad  buisnes  respecting  Capt:  Scot,  by  I'res 
to  Maior  Gen"  Leveret,  who  (we  conceiued)  did  best  know  hira:  his  interest  in  Eng: 
andseruice  to  this  cuntry  there,  &c.,  with  desire  of  him  to  comunicate  the  whole  vnto 
yo'selues,  &  to  seek  yo"^  advice  &:  help  therein.  Yet  (the  extremitj^  of  hazards  to  him 
&  the  cuntry  growing  on  so  fast  by  some  transactions  of  a  cloudy  aspect,  as  you  may 
see  by  Capt:  Scots  pap's,  Wch  this  bearer  his  servant  will  pi'sent  you  withall,  and  by 
word  of  mouth,  relate.)  Wee  think  it  a  duty  incumbent  on  vs,  againe  to  sollicite  you> 
as  confederates  of  a  speciall  interest  in  the  weale  publique  &  peace  of  the  cuntry,  in 
w^ii  behalfe  &  in  behalfe  of  orselues,  who  are  also  so  stnicke  at  in  the  busines,  entreat- 
ing you  to  lay  the  matter  to  heart,  &  doe  yof  vtmost  for  p'ventiu*  of  Capt.  Scots 
mine,  &  the  hurt  y'  may  come  thereby  to  the  cuntry,  he  being  reputed  his  Manesser- 
uant,  &  vpon  seruice  now  by  letter  to  the  4  Vnited  Col :,  when  thus  obstructed,  &  it 
(possibly)  vtterly  frustrate  if  he  bee  despoiled,  &  if  then  the  matter  &  maner  now, 
doe  come  to  bee  narrated,  as  it  is  likely  to  bee,  none  apearing  to  pi-vefit  it,  all  may  be 
damnify ed;  wee  therefore,  (as  also  y'  Capt.  Scot  may  haue  an  opportunity  to  speake 
w"-  he  can  in  reflerence  to  matters  betwixt  Connectacut  &  this  Colony  w^h  he  thinkes 
will  put  an  end  to  the  vnhappy  difference  depending)  doe  thus  moue ;  and  surely  if 
euer  advice  &  succour  were  needfuU  to  confederates,  it  is  now.  But  to  p''scribe  the 
way  is  diflScult.  Our  thoughts  &  desires  are  that  by  yC  &  Plymouths  advice  & 
agreem',  the  com"  be  called  to  Hartford,  to  s^  &  approue  what  is  done  &  how,  in  a 
matter  so  much  respecting  his  Ma'ic  &  the  cuntry  in  gen'''  by  the  consequents  of  it. 
And  further  to  considi^  of  some  expedient  for  peace  betwixt  ys  Vnited  Col^  before 
greater  troubles  and  dangers  doe  fall  out.  M^.  Scots  tryal  is  said  to  be  on  the  8'h  of 
May  next,  if  he  be  not  dead  before  as  was  like  to  haue  beene  y^  other  day  by  poison, 
(as  he  concei  ....     So  that  whatsoeuer  meeting  you  shall  accord  of  must  be  before 


1664]  JURISDICTION   OP  NEW   HAVEN.  541 

especially  intimated,  first  concerneing  Capt'  Scotts  case  now  at 
Conecticutt,  &  2,  concerneing  the  differance  betwixt  Conecti- 
cutt  &  us.     In  their  answ  is  specially  signified  their  sending 

y'  day.  It  is  vaine  for  vs  to  appear  if  you  come  uot,  but  vpon  notice  wee  are  ready 
to  attend,  or  to  ioyne  w"^  yoi"  comrs :  &  Plymouth  to  protest  &  clear  ourselues  in  case 
they  will  uot  forbear  or  transmit  his  tryall  to  be  elswhere  before  psons  free  from  ex- 
ception &  charge  of  p'iudice  by  him,  as  he  ppounds,  &  is  by  vs  signifyed  in  o"  former 
letf  to  Maiof  Gen"  Leveret.  We  beseech  you  to  dispatch  word  to  Plymouth  forthwith, 
for  their  advice  or  concurrence.  The  maine  of  the  matter  seemes  to  lye  in  the  expeditio, 
w^i'  we  hope  you  wilbe  sensible  of  accordingly.  That  the  Lord  would  therefore  apear 
in  the  Mount  Difficulty  &  w'l'hold  euery  arme  stretched  forth  vnto  any  fata[l]  blow 
that  may  bring  hurt  vnto  Gods  people  &  their  concernes  is  the  daily  prayer  of, 

Gent: 

Guilford,  Apr :  22,  Yo'  expectant  freind  &  sen^'. 

1664.  Willm  Leete. 

By  desire  of  y=  Couucel  of 
Newhauen  Col. 
From  the  original,  on  file  in  the  Secretary's  Office,  Boston. 

Capt.  John  Scott  having  promised  to  use  his  best  skill  and  industry  to  bring  all  the 
plantations  upon  Long  Island  under  the  government  of  Connecticut,  especially  the 
western  end,  which  was  under  the  Dutch,  had  been  appointed,  December  14,  1663, 
commissioner  for  Ashford,  with  magistratical  power  throughout  the  Island,  and  had 
an  oath  for  the  faithful  discharge  of  his  place  administered  to  him  bj^  the  governor. 
In  order  to  effect  what  he  had  promised,  he  was  commissioned  with  Mr.  Willys,  Capt. 
Talcott,  Mr.  Richards,  and  Capt.  John  Young,  or  any  three  of  them,  to  go  to  Long 
Island  and  settle  the  government  there.  Having  acted  contrary  to  his  oath  and  the 
trust  reposed  in  him  by  Connecticut,  the  general  assembly  issued  a  proclamation 
charging  him  with  various  high  crimes  and  misdemeanors,  and  sent  a  party  to  arrest 
him.  New  Haven,  who  had  declared  that  he  had  been  in  England  a  good  friend  to  that 
Colony,  and  to  some  of  its  principal  persons,  sent  men  to  assist  him,  but  he  was  taken 
and  brought  to  Hartford,  where  he  was  tried.  May  18th-24th,  and  found  guilty  of  the 
several  crimes  laid  to  bis  charge,  fined,  deposed  from  his  office,  and  disfranchised. 
Trumb.  Col.  Eec.  i.  420,  ii.  16.  Conn.  Council  Jour.  Rec.  Co.  Courfe,  iii.  Towns  & 
Lands,  i.     See  also  O'Callaghan,  N.  Netherlands,  ii.  497, 552. 

Upon  the  receipt  of  Gov.  Leete's  letter,  the  Council  of  Massachusetts  wrote,  April 
27,  1664,  to  the  governor  of  Connecticut,  and  sent  Maj.  Gen.  John  Leverett  and  Capt. 
William  Davis,  and  Plymouth,  April  29,  Capt.  Thomas  Southworth  and  Capt.  William 
Bradford,  as  commissioners  to  treat  with  Connecticut  about  Capt.  Scott,  and  about 
the  differences  between  Connecticut  and  New  Haven.  With  respect  to  the  latter 
subject,  the  messengers  proposed  to  refer  matters  to  the  detennination  of  some  friends 
in  New  England,  mutually  to  be  chosen.     Conn.  Eec.  T.  &  Lauds,  i.  33  34.    Misc.  i.  85. 

The  General  Court  of  Massachusetts,  May,  1664,  "  considering  the  vncomfortable 
differences  betweene  our  confoederates  of  the  two  jurisdictions  of  Conecticott  &  New- 
hauen," appointed  Mr.  Willoughby,  Capt.  Gookin,  Maj.  Gen.  Leverett,  and  Capt. 
Edward  Johnson,  a  committee  to  draw  up  letters  to  each  colony,  "  wherein  maybe  ex- 
pressed such  arguments  as  may  be  fitt  to  persuade  them  to  unity  &  agreement,  which 
hitherto  they  haue  seemed  to  decline,  though  once  cSc  againe  mooved  therevnto  by  the 
comissioners  of  the  Vnited  Colonjes,  as  their  records  declares,  and  that,  in  case  they 
shall  not  make  accord  betweene  themselves  before  the  next  meeting  of  the  comission- 
ers of  the  Vnited  Colonjes  at  Hartford,  then  that  this  coui-t  doe  order  their  comission 
ers  to  declare  that  such  divitions  &  refusall  of  submission  vnto  the  orderly  advice  of 


542  RECORDS  OF  THE  [1664 

of  two  messengers  with  instructions  to  treate  wti»  the  governo"" 
<fe  councell  of  Cofiecticutt,  &  that  they  had  sent  to  Plimouth 
to  desire  their  helpe  alsoe  in  the  case,  &c.  Now  therefore 
the  governor  ppounded,  whether  it  be  not  necessary  that  we 
alsoe  send  two  w^'>  instructions  to  joine  w^"^  them.  After 
debate  it  was  thought  y'  we  could  doe  noe  less,  haveing  been 
first  movers  in  it,  &  soc,  by  vote,  M^  W'"  Jones  &  M^.  Rob' 
Treate  were  appointed. 

It  was  ppounded  about  a  day  of  humiliation,  and  the 
court  taking  into  serious  consideration  y^  aflicted  state  of  y^ 
people  of  God  in  o""  native  countrey  &  other  where,  our  owne 
p''sent  distractions,  ^Y^^  other  publike  concernem'^s^  the  p^sent 
drought,  the  sad  &  uncomfortable  state  of  ye  church  at  Milford, 
&  the  wormes  beginning  againe  in  some  places  to  spoyle  y^ 
fruit  of  ye  trees,  ordered,  that  y^  4th  day  of  ye  next  weeke 
(being  the  11'^  of  this  instant)  be  set  apart  through  this  col- 
ony for  a  day  of  extraordinary  seeking  of  God  by  fasting  & 
prayer. 

The  Court  considering  the  necessity  of  defraying  jurisdic- 
tion charges  already  expended,  did  now  order  that  a  halfe 
penny  rate  be  payd  from  the  severall  plantations  &  pprieto"  of 
Paugasett  in  this  p''sent  moneth,  unto  y«  jurisdiction  treasurer 
at  N.  Haven,  in  such  pay  &  at  such  prizes  as  y^  last  yeare. 


[377]  At  a  Court  of  Magistrates  held  at  Newhaven 
THE  23th  OF  May,  1664. 

Pj'sent,  the  Governo'",  Deputy  Governo'',  M^  Jones,  M^  Fen, 
Mr.  Treat  &  M^.  Crane. 

George  Adams,  of  Branford,  appeared  to  make  psecution  of 
his  attachmt  yt  he  had  layd  upon  a  horse  of  M^.  John  Jeffords, 
of  Ling,  in  y^  Massachusetts.  But  after  a  great  &  large 
debate  about  it,  whether  ye  sd  Jefferd  had  any  legall  notice  for 
his  appearance,  the  case  was  left  upon  the  former  order  in 
October  last  by  ye  court  of  magistrates. 

the  comissioners,  according  to  the  articles  of  confcederation,  is  a  violation  of  the  con- 
foederatioa  if  persisted  in,  &  that  they  joyne  w"'  the  rest  of  the  comissioners  of  the 
colonjes  in  declaring  the  same."    Mass.  Rec.  iv.  pt.  ii.  102. 


1664]  JURISDICTION   OP  NEW  HAVEN.  543 

Grace  Tod,  haveing  told  some  boyes  &  girles  about  an 
Indian  that  shewed  some  abusive  &  filthy  carriages  towards 
her  at  M^.  Fields,  was  now  called  to  know  ye  truth  of  it;  shee 
spake  as  if  he  pulled  up  her  coates  &,  as  her  words  imported, 
some  abuse  of  her.  The  Indian  being  examined  confest  a 
takeing  hold  of  her  coates,  but  as  he  sd  in  a  way  of  play ;  but 
y^  court  findeing  the  Indian  of  a  very  ill  report,  &  y'  he  is  run 
away  from  his  owne  countrey  for  his  filthines  there,  as  some 
Indians  affirmed,  therefore  they  sentenced  him  to  be  severely 
whipt  forthwith,  &  that  he  be  taken  away  to  his  owne  countrey 
&  not  to  returne  againe  at  his  perill. 

Alsoe  that  y^  sd  Grace  Tod  be  whipt  for  her  concealing  of 
it  from  her  master  &  mistress,  &  yet  afterwards  speakes  of  it 
to  boyes  &  girles  in  a  jesting  way. 

There  were  some  y*^  desired  to  begin  a  small  troope,  y^ 
p^sented  y™selves  to  y^  co'"'^  &  desired  to  know  w*  privilidg  for 
their  incouragem^  they  should  have.  The  co'''  told  yn^  that  if 
they  was  fast  to  it  to  attend  y^  countrey,  thegenii  court  would 
consider  of  it  &  order  something  about  it  for  their  incourage- 
ment. 

[The  remainder  of  this  page,  and  the  next  page,  is  blank.] 


[379]  Att  a  Court  of  Elections,  held  at  Newhaven  for 

THE   JURISDICCON,   THE    25*^    oF   MaY,    1664. 

M"".  W"i  Leet  chosen  Governo"^. 

M"".  W™  Jones  chosen  Deputy  Governo"". 

M"".  Mathew  Gilbert  chosen  Magestrate  for  N.  Haven. 

M"".  Benjamin  Feii  chosen  Magestrate  for  Milford. 

M^.  Jasper  Crane  chosen  Magestrate  for  Branford. 

These  all  were  chosen  for  y^  yeare  ensueing  and  tooke  oath. 

M"".  Robt  Treat  &  Capt'  Jn^  Nash  chosen  Magestrates,  but 
would  not  accept  of  it. 

The  Governo""  &  Deputy  Governo"^  chosen  Commission", 
&  M^  Fen  the  third  man. 

James  Bishop  chosen  Secretary,      1  ah  z-     xi 

Roger  Ailing  chosen  Treasurer,         ^^^  ^^^^  ^^^  ^^^^^ 

Abraha  Dowlittle  chosen  Marshall,  )      ensuemg. 


644 


RECORDS  OF   THE 


[1664 


Att  a  Gen^i  Court  held  at  Newhaven  for  the  Jurisdiccon, 
THE  25th  OF  May,  1664. 

P'"SENT, 

Deputies. 
Lt.  The:  Munson,  )  .      ^   -^ 
Jno  Mosse,  P^"^  ^.  Maven. 

Tho:  Welch, 
Deacon  Geo:  Clark, 
Jno  Fowler, 
Georg  Bartlet, 

pit  M:if- Stafford. 
Sul'rrrdJfo^Branford. 

The  Deputies  p''sented  their  certificates,  whereby  it  apeared 
yt  they  were  all  chosen  for  ye  yeare  ensueiug,  onely  Stamford 
for  the  pi'sent  session,  &  were  accepted. 


The  Governo"", 

&  Deputy  Governo''. 

Magestrates. 
M^  Mathew  Gilbert, 
M"".  Benjamin  Fenn, 
M^  Jasper  Crane. 


for  Milford. 
for  Guilford. 


[Pages  380  and  381  were  left  blank  for  the  recording  of  the  business  of  this  court. 
"  The  orders  of  the  gen"  court  in  May  last  were  read  to  the  towne"  of  New  Haven, 
June  27"^,  16G4.    Town  Eec.  iii.  42.] 


[382]    Att  a  Gex^'  Court   held  att  Newhaven  for  the 
Jurisdiccon,  the  11th  of  August,  1664. 

P^SENT, 

Deputies. 


The  Governo'',  & 
Deputy  Governo'", 

M^  Gilbert,  J 

M^  Fenn,     >  Magestrates. 

Mr.  Crane,    S 


Thomas  Munson, 
John  Mosse. 
Tho:  Welch, 
Georg'  Clark. 
John  Fowler, 
Georg  Bartlet. 
Sam'^  Swayne, 
Lawrence  Ward. 


The  Governo''  acquainted  y"  w*''  y^  occasion  of  this  court, 
that  here  had  M^  Whiting  &  L^  Bull,  of  Hartford,  been  lately 
with  most  of  the  magestrates  &  brought  a  letter  from  M'". 


1664]  JURISDICTION   OP   NEW   HAVEN.  545 

Willis  to  M"".  Jones;  and  they  signified  that  M"".  Whiteing 
being  lately  in  y^  Bay  &  haveing  speech  w^^  many  friends 
there,  he  was  hastened  away  by  them  to  comnnicate  matters 
above  at  Conecticutt  &  alsoe  to  us,  sheweing  y™  selves  very 
sensible  of  danger  of  detrim*  to  y^  countrey  by  reason  of  any 
differances  between  y^  colonies,  now  the  kings  coniission" 
were  come  over,*  &  they  looked  upon  this  differance  of  ours 
w^^  Conecticutt  to  bee  the  greatest,  &  therefore  they  declared 
yt  they  was  sent  to  this  purpose,  &  declared  this  to  be  y^  advise 
of  the  best  part  in  y^  Bay,  though  they  had  noe  letter,  that  this 
diiferance  be  made  up  betwixt  us,  being  very  sensible  of  dan- 
ger to  all  by  this  meanes,  &  therefore  they  judge  this  the  best 
way  for  all  our  safety  to  stand  for  the  liberties  of  our  pattents, 
&  soe  Coriecticutt  &  they  would  have  us  to  joine  w^^  y"^  upon 
y'  account,  for  they  conceive  a  great  advantage  given  to  y^ 
comission'"s  by  our  standing  off.  Now  we  told  them  for  our 
parts  we  could  doe  nothing  in  it  ourselves,  but  after  much 
debate  &  urgeing  we  signified  to  y'"  thus  much.  That  if 
Conecticutt  would  come  &  assert  their  claime  to  us  in  y^ 
kings  authority,  &  would  secure  w*^  at  any  time  they  had 
ppounded  to  us,  &  would  engage  to  stand  to  uphold  the 
liberties  of  their  pattent,  we  would  call  ye  gen'i  court  together 
that  they  may  consider  of  it  &  be  ready  to  give  them  an 
[383]  II  answer,  &  sd  for  our  pts  we  did  not  know  but  wee 
might  bow  before  it,  if  they  assert  it  &  make  it  good.  They 
urged  to  have  something  from  us  as  grounds  of  certainty  y*  we 
would  soe  doe,  but  we  told  ym  that  we  would  not  doe  soe. 
Now  the  court  was  desired  to  consider  of  it,  w*^  answer  should 
be  given  if  they  should  soe  come.  Much  debate  there  was 
upon  it,  &  something  pleaded  upon  y^  danger  of  standing  as 
now  we  are,  if  y^  kings  comissionrs  come  amongst  us ;  much 
alsoe  was  sd  by  some  against,  &  declared  y'  they  see  noe  rea- 
son of  such  a  motion,  makeing  y^  a  question  to  be  answered 
before  wee  knew  it  would  be  put  to  us ;  alsoe  y*^  there  had  not 
been  a  full  sumons  to  all  ye  plantations  for  this  gen"  court; 

*  Two  of  the  royal  commissioners,  Col.  Richard  Nicolls  and  George  Cartwright, 
Esq.,  arrived  at  Boston,  Saturday  evening,  July  23d,  1664.  Sir  Robert  Carr  and  Mr. 
Maverick  arrived  at  Piscataqua  about  the  same  time. 

69 


546  RECORDS   OP  THE  [1664 

alsoe  it  was  questioned  whether  the  geii'i  court,  if  it  were  full, 
had  any  power  to  deliver  up  the  collony  state  without  y^  con- 
sent of  y°  whole  body  of  freemen  at  least.  But  notwithstand- 
ing all  yt  was  sd,  it  came  to  a  vote  as  followeth,  That  if 
Conecticutt  doe  come  downe  &  assert  their  right  to  us  by 
vertue  of  their  charter,  &  require  us  in  his  majesties  name  to 
submitt  to  their  governement,  that  then  it  be  declared  to  y"" 
yt  wee  doe  submitt,  referring  all  agreem^s  between  us  to  y^ 
finall  issue  of  the  commission"  of  our  confoederates. 

The  vote  passed  in  y«=  affirmative,  but  after  y^  vote  was  past 
there  appeared  some  dissatisfaction,  and  there  was  farther 
advice  &  consideration  tooke  in  y^  case,  &  much  was  sd  y^^  it 
was  necessary  the  freemen  should  be  acquainted  with  it,  &  in 
ye  issue  came  to  another  vote,  which  was  this ;  That  if  they  of 
Conecticutt  come  &  make  a  clayme  upon  us  in  his  majesties 
name  &  by  vertue  of  their  charter,  then  wee  shall  submitt  to 
yn,  untill  the  comissioners  of  y^  colonies  doe  meete;  &  soe 
the  governo"",  deputy  governo""  &  magistrates,  or  soe  many  of 
ym  as  can  be  got  together,  were  appointed  to  give  the  answer 
to  Conecticutt  men  if  they  come. 


[At  the  meeting  of  the  Commissioners  of  the  United  Colonies,  in  Hartford,  Septem- 
ber, 1664,  these  letters,  to  the  Commissioners,  and  to  Mr.  Leete  and  Mr.  Jones,  were 
presented. 

Hartford,  September  2'',  1664. 

Much  Honoured  Gent", — We  understand  by  our  comissioners  that 
Newhauen  gent"  haue  presented  an  order  (as  they  call  it)  of  their 
Generall  Courte,  whereby  it  appeares  i\r.  Leet  &  M'.  Joanes  are 
chosen  comissioners,  and  inuested  w"'  power  to  act  as  com"  for  New 
Haven  Colony.  Vpon  this  information  we  thought  good  to  present 
o'  thoughts  unto  your  consideration.  We  cannot  approue  of  the  afore- 
mentioned gent"  to  sitt  as  com'^  amongst  you,  because  it  doth  not  ap- 
peare  that  they  are  a  colony,  or  haue  any  power  of  gouerment  distinct 
from  us,  confirmed  by  regall  authority,  and  we  know  no  other  gouer- 
ment in  his  Majesties  dominions  but  such  as  is  confirmed  by  him. 
They  being  no  gouerment  as  afoarsayd,  we  cannot  but  judge  it  will  be 
prejudicial!  to  the  seuerall  colonyes  &r^our  charter  to  owne  &  approue 
of  the  gouerment  of  New  Haven.  Besides  we  doe  clayme  them  to  be 
a  parte  of  o'  colony,  being  included  in  his  Majesties  royall  grant. 

And  we  doe  hereby  declare  tliat  we  shall  haue  a  tender  respect  to 
o""  honoured   freinds  and  bretheren  of  New  Hauen,  &  shall  apply 


1664]  JUEISDICTION   OF   NEW   HAVEN.  547 

o'selues  to  improue  o'  all  to  accomodate  them  w'''  all  sucli  desireable 
priuiledges  as  o'  charter  afoardes. 

Farther  we  thought  it  conuenient  to  informe  your  Hono",  that  it  is 
o"^  desire  still  to  mayntaine  o"'  confederation  w"'  the  Ynited  Colonyes  of 
Massachusets  &  New[)limoth,  desireing  that  full  prouission  may  be 
made  to  that  purpose,  according  to  that  article  of  the  confederation 
that  allowes  of  two  colonyes  vniteiug  into  one,  which  is  consonant  to 
y"  aduice  of  the  com"  &  y"  honoured  Courte  of  Massachusets  to  this 
colony.     Gent"  we  rest  your  freinds  &  seruants, 

John  Allyn,  Secrefy,  By  order  of  the 

Councill  of  Conecticut. 

The  Councill  ordered  the  secretary  to  signe  this  letf  in  theire 
names,  &  by  their  order  to  deriuer  it  to  the  commissioners. 

Whereas,  we  haue  the  2"^  of  this  instant,  in  a  writting  presented  to 
the  much  honoured,  the  Com"  of  the  Vnited  Colonyes,  made  clayme 
to  the  late  Colony  of  New  Hauen,  as  being  included  in  his  Majesties 
royall  grant  in  his  letters  pattents  to  this  his  Colony  of  Connecticutt,  & 
allso  haue  formerly  upon  publication  of  our  charter  required  theire 
attendance  thereunto,  wee  doe  now  in  the  presence  of  the  hono'**  com" 
afoarsayd,  in  his  Majesties  name  demande  W"'  Leette  &  W™  Joanes, 
Esq'",  they  being  the  representitiues  of  the  people  of  New  Hauen, 
&c.,  that  they  &  the  rest  of  the  people  of  Newhauen,  Milford,  Brand- 
ford,  Guilford  &  Stanford  doe  attend  y''  gouerment  establisht  by  his 
Majestic  in  this  his  Colony  of  Conecticutt,  &  Ave  purposse,  by  the 
help  of  God,  to  apply  o'selues  to  take  due  care  of  them,  &  to  afFoarde 
them  all  such  priuiledges  as  are  agreeable  to  o""  charter. 

In  the  name  &  by  order  of  the  Councill  of  the  Colony  of  Conecticutt, 

John  Allyn,  Sec'^. 

For  M'.  Leete  &  M'.  Joanes. 

Conn.  Council  Rec. 

The  diftereuce  between  the  two  colonies  having  been  brought  before  the  Commis 
sioners,they  declared  that  as  the  occasion  thereof  was  acted  without  their  cognizance, 
and  the  grounds  not  being  fully  known  to  them,  they  could,  as  to  the  right  of  the 
cause,  add  nothing  to  what  was  past  by  the  commissioners,  at  their  meeting  in  1663, 
yet  considering  how  much  the  honor  of  God  as  well  as  the  weal  of  all  the  colonies,  as 
themselves  therein  interested,  are  concerned,  in  the  issue,  they  heartily  and  affection- 
atelj'  commended  such  a  compliance  between  them  that  the  sad  consequences  which 
would  inevitably  follow  upon  their  further  contentions,  might  be  prevented.  Provis- 
ion was  made,  in  case  of  union,  respecting  the  preservation  of  the  confederation  and 
the  places  of  meeting,  &c.,  and  it  was  proposed  that  thenceforth  the  meetings  should 
be  triennial.    Eec.  Com.  U.  C,  Sept.,  1664.] 


[384]  At  a  Generall  Court  of  y^  Freemen  of  the  Juris- 
DiccoN,  held  at  New  Haven  Septemb.  14'^^  1664. 
The  Governo'"  acquainted  y">   with  the  occasion  of  calling 
y"  together  at  this  time,  &  that  was  something  they  had  mett 


548  RECORDS   OF   THE  [1664 

witball  lately  at  y^  meeting  of  y^  comission'^s  at  Hartford,  as 
ill  ye  writeings  may  appeare,  which  writings  that  concerned 
us  were  all  now  read,  with  a  letter  alsoe  subscribed  by  M^ 
Sam'i  Willis  &  M^  John  Allyn,  directed  to  James  Bishop,  to 
be  comunicated  to  this  assembly ;  the  governo'"  further  sd  that 
it  was  a  season  to  advise  &  consider  together,  in  what  state  is 
best  for  us  to  appeare  when  the  coraissioners  from  England 
come  to  visitt  us,  whether  in  ye  state  we  now  are,  or  under  a 
regall  stampe  (as  they  call  it)  in  joyneing  with  Connecticutt. 
There  was  much  debate,  &  divers 'spake  that  to  stand  as  God 
hath  kept  us  hithertoo  is  our  best  way ;  but  some  desired  to 
understand  the  vote  of  the  last  gen'i  court,  soe  y^  secretary 
went  home  to  fetch  it,  &  in  the  meane  space,  while  he  was 
gone,  the  assembly  was  broke  up  &  noe  more  done  at  this 
time.* 

*  The  Council  of  Connecticiit,  October  4, 1664,  passed  the  following  vote. 

"  Whereas  there  hath  bene  many  endeauours  both  by  Generall  Assenably  &  Councill 
of  this  Colony  for  the  effecting  of  a  loueing  &  freindly  complyance  %v^''  o"'  loueing 
freinds  &  neighboures  of  New  Hauen,  Milford,  &c.,  and  whereas  we  haue  according 
to  the  tenonr  of  our  charter  receiued  intimations  of  their  inclinations  thereunto  by 
C  freinds  in  those  partes,  Ave  doe  for  the  perfecting  of  a  loueing  vnion,  desire  o''  hon- 
oured goun'  &  Mr.  Willys  to  appoynt  officers  in  those  seuerall  plantations  of  N.  H., 
Mil:,  Bran:,  Gil:  &  Stanford,  &  to  setle  matters  there  soe  as  they  judg  most  conduce- 
able  to  -y"  peace  &  wellfare  of  the  whole." 

The  General  Assembly  met  on  the  13th  of  the  same  month  and  appointed  Mr. 
Samuel  Sherman  and  the  Secx'etary,  John  Al!jM:,to  go  to  New  Haven,  &c.,  and  in  his 
Majesty's  name  require  all  the  inhabitants  of  New  Haven,  Milford,  Branford,  Guilford 
and  Stamford,  to  submit  to  the  government  established  in  Connecticut  by  his  Majes- 
tys  gracious  grant,  and  to  take  their  answer.  The  committee  were  also  authorised  to 
declare  so  many  of  the  present  freemen  of  those  towns,  as  would  take  the  freeman's 
oath,  to  be  freemen  of  Connecticut,  and  to  administer  the  same  oath  to  such  others  of 
the  inhabitants  as  they  should  find  by  sufficient  testimony,  to  be  qualified.  They 
were  to  declare  that  the  assembly  invested  Mr.  Leete,  Mr.  Jones,  Mr.  Gilbert,  Mr. 
Fenn,  Mr.  Crane,  Mr.  Treat  and  Mr.  Law,  with  magistratical  power  to  assist  in  the 
government  of  those  towns  according  to  the  laws  of  Connecticut,  or  such  of  their  own 
as  were  not  contrary  to  the  charter,  and  all  other  civil  and  military  officers  were  con- 
firmed. They  were  also  ordered  to  declare  that  what  had  formerly  passed  to  an  issue 
in  the  courts  of  New  Haven  colony,  should  not  be  called  to  account. 

Mr.  Mathew  Allyn  and  Mr.  James  Richards  were  to  make  the  same  declaration  at 
Stamford. 

The  Council,  November  3,  1664,  judged  it  ''jnost  conduceable  to  the  best  effecting 
the  minde  of  the  Gen"  Courte,  respecting  New  Hauen,  &c.,  that  those  comissioned  for 
that  purposse  doe  atend  theire  business  w"'  the  representatiues  of  those  plantations  mett 
together,  &  that  actuall  sweareing  of  freemen  be  at  present  respitted,  as  aduiseable  to 
be  the  most  peaceable  way  at  present,  &  that  the  act  of  indemnity  declared  by  the 
Gen'i  Courte  be  notifyed  to  them."     Trumb.  Col.  Rec.  i.  437.     Conn.  Council  Rec. 


1664]  jurisdiction  op  new  haven.  549 

Att  a  GenIi  Court  held  at  New  Haven  for  the  Jurisdiccon, 
December  1^^^,  1664,  together  with  the  Freemen  of  N. 
Haven,  Guilford,  Branford,  &  part  of  Milford,  &  as 
many  of  ye  inhabitants  as  was  pleased  to  come. 
The  Gen^i  Court  considered  of  severall  things,  and  first 

The  following  account  of  the  proceedings  of  the  committee,  at  New  Haven,  Novem- 
ber 19th,  1664,  is  taken  from  the  Records  of  that  town,  vol.  iii.  p.  46. 

"  The  Deputy  Governo"^  acquainted  the  towne  yt  the  occasion  of  ye  meeting  was 
that  there  were  some  gentlemen  fron\  Conecticutt  that  had  something  to  acquaint 
y<=  towne  withall,  &  he  thought  the  business  in  genu  was  to  require  our  submissio  to 
Conecticutt,  w'li  some  othf  ppositions.  He  further  minded  y-"  towne  of  the  peace  & 
unity  yi  God  had  hithertoo  continued  amongst  us,  &  the  many  blessings  both  on 
y  right  hand  &  left  y'  we  had  enjoyed  under  this  governem',  &  alsoe  told  the  towne 
that  wee  are  a  people  in  combhiation  w^''  oth^s,  &  theiefore  could  not  give  a  full  answr 
without  first  acquainting  y«  other  plantations,  &  then  y'  we  ourselves  we're  not  a  full 
meeting  of  y^  towne,  divers  of  y«  farmes  haveing  not  warneing.  But  the  gent:  beirg 
come  in,  M''.  Jones  desired  to  see  theire  comission.  They  declared  that  they  should 
shew  it  to  psons  deputed,  but  after  read  it,  &  then  declared  what  they  had  to  say  to 
y^  towne,  (the  psons  were  M'.  John  Allyn  &  M^.  Sam"  Shearman.)  These  gent  urged 
to  have  y^  matter  put  to  vote,  but  the)'  were  told  y'  y  towue  meeting  was  not  full. 
But  ]^I^  Allyn  sd  y^  if  M''.  Shearman  did  consent,  which  he  thought  he  would,  he 
should  take  the  boldnes  to  put  it  to  vote  himselfe,  but  his  speech  was  disliked  &  after 
witnessed  against,  &  they  were  desired  to  withdraw  awhile  &  the  towne  would  con- 
sider to  give  them  an  answ,  &  soe  they  did,  and  the  towne  considering  of  it  came  to 
this  conclusion  as  their  p^sent  answer  by  a  gen"  vote,  onely  one  dissenting,  which 
ansW^  followes  their  declaration.  The  gent,  aforesd  being  called  in  againe,  the  answ^ 
was  read  to  y™,  they  desired  a  coppy  of  it  which  was  granted,  they  leaveing  a  coppy 
of  w'  they  had  declared,  which  they  pmised  &  is  here  inserted  as  followeth. 

"  Wee  underwritten  in  his  Maj'"^^  name,  by  order  from  ye  Gen"  Assembly  of  Conect- 
icutt doe  require  all  ye  inhabitants  of  y"  towne  of  Newhaveu  to  submit  to  ye  governem' 
estabhshed  in  ye  colony  of  Conecticutt  by  his  Maj"es  gracious  graunt  to  ye  colony  of 
Conecticutt. 

"  Wee  doe  declare  y'  ye  Gen"  Assembly  of  Conecticutt,  a  W'"  Leet  &  W"  Jones, 
Esqf%  Mr.  Gilbert,  M^  Fen,  M''.  Crane,  M^  Treat  &  M^.  Lawes,  with  magistraticall 
power  to  assist  in  ye  governm'  of  ye  plantations  of  Newhaven,  Milford,  Branford,  Guil- 
ford &  Stanford,  &  y^  people  thereof  according  to  ye  lawes  of  ye  corporation  of  Conect- 
icutt, or  soe  many  of  those  orders  y'  formerly  have  been  of  use  amongst  y™  &  are  not 
contradictory  to  ye  teno"'  of  C  charter  untill  ye  court  order  otherwise. 

"  Wee  doe  alsoe  in  ye  name  &  by  order  of  ye  Gen"  Assembly  declare  that  all  other 
military  &  civill  officers  are  established  in  their  respective  places  untill  ye  court  in 
May  next.  Wee  doe  alsoe  declare  by  order  from  ye  Gen"  Court  aforesd  that  they  will 
not  call  to  account  what  hath  formerly  passed  to  an  issue  in  your  courts  of  judicature. 

John  Allyn, 
Samuell  Shearman. 
"  Wee  doe  further  declare  y  it  is  intended  by  the  Gen"  Court  of  Conecticutt  that 
ye  freemen  of  N.  Haven  upon  ye  prsentmi  of  their  names  (w^''  testimony)  be  accepted 
as  freemen  of  Connecticut.  John  Allyn, 

SamueU  Shearman." 
The  answer  of  New  Haven,  mentioned  above,  is  not  recorded. 


650  '^RECORDS  OP  THE  [1664 

about  ye  men  y'  were  passed  by  authority  to  goe  with  Capt, 
Scott  to  Long  Island,  what  to  allow  y",  &  it  was  agreed  to 
allow  y'»  12'i  a  day  with  their  charges  borne. 

Alsoe  it  was  considered  about  Milford  breakeing  off  from  y^ 
colony,  soe  yt  neither  magistrate  nor  deputies  attend  this  gen^^ 
court.*  The  court  by  vote  declared  against  their  soe  acting, 
as  disorderly  &  contrary  to  their  combination. 

The  same  was  declared  concerneing  M^Rich:  Lawes  acting 
at  Stamford. 

Sam'i  Andrewes  was  called,  &  told  y*^  there  had  been  of  late 
some  disorders  in  ye  troope,  in  gathering  together  in  such  a 
[385]  resolute  way  at  a  place  in  y^  woods  and  ||  choosing  offi- 
cers, &c.  He  was  told  yt  it  had  exercised  the  court  how  to 
leave  such  a  trust  into  such  hands  that  hath  soe  carried.  He 
answered,  that  indeed  there  was  such  a  meeting  &  officers 
chosen,  but  what  was  done,  it  was  done  in  submission  to  the 
court,  &  he  disowned  it  as  any  act  of  his. 

The  Court  afterwards  considering  of  y^  case  about  y"  troope, 
&  findeing  it  not  settled  according  to  order,  did  now  order  to 
lay  it  downe  untill  further  order,  &  comitted  the  trumpett  & 
coulors  to  Roger  Ailing,  the  pi'sent  jurisdiccon  treasurer,  alsoe 
all  ye  jurisdiccon  stock  of  amunition  &  bookes,  untill  further 
order  about  ye  same. 

The  Genii  Meeting  being  come  together,  the  governor 
acquainted  y"i  with  the  occasion  of  calling  y'"  together,  & 
that  is  some  of  Cohecticutt  gent"  haveing  made  demaund  of 
our  submission  to  y  government,  in  his  majesties  name,  kc, 
the  answ  of  these  three  townes  were  w'i»  pmise  of  further 
ansW  when  they  should  consider  of  ye  matter  together;  & 
therefore  to  sett  their  thoughts  a  worke  about  it,  something 

*  The  minute  of  the  submission  of  Milford  is  as  follows. 

Milford  y«  17'i>  of  Nour,  1664. 
These  are  in  his  majesties  name  to  will  &  require  you  forthw'''  to  warne  all  y<=  inhab- 
itance  at  your  town  of  (Milford)  being  housholders,  to  meet  at  ye  meetinghouse  this 
day  about  one  of  y«  clock,  toattend  such  occations  w^h  M'.  Sherman  &  myself  as  are 
giuen  us  in  charge  by  y"  Gen"  Court  of  Couejei^icut;  whereof  fiiyle  not. 

To  Joseph  Waters  to  execute.  John  Allyn,  Sec'y. 

The  inhabitants  of  Milford  by  a  gen"  vote  of  there  towne  submitted  themselues  to 
ye  gouerment  of  Conecticutt,  no  one  person  voted  agnst  it,  this  17'^  of  Nouember, 
1664.  Misc.  i.  87. 


1664]  JURISDICTION   OF   NEW   HAVEN.  551 

was   ppounded  to   y"^  &  left  with  y"'  to  consider  of  till  y^ 
morneing. 

In  ye  morneing  the  assembly  being  come  together,  the  gov- 
erno""  ppounded  to  know  what  was  y^  issue  of  y  thoughts  in 
ye  busines  left  with  them.  After  some  debate,  the  answ"^  was 
drawne  up  in  writeing  &  read,  &  after  serious  consideration 
put  to  vote,  &  soe  was  concluded  with  universall  consent,  not 
any  one  opposing. 

The  vote  of  the  freemen  &  other  inhabitants  of  y^  colony 
mett  together  at  N.  Haven,  the  13*''  of  December,  '64,  in 
ansW  to  w*  M^  John  Allyn  &  M'".  Sam^i  Shearman 
declared  in  o""  severall  townes  in  Novemb:  last,  as  fol- 
io weth, 

1.  First  that  by  this  act  or  vote  wee  bee  not  understood  to 
justify  Coriecticutts  former  actings,  nor  any  thing  disorderly 
done  by  our  owne  people  upon  such  accounts. 

2.  That  by  it  wee  be  not  app'hended  to  have  any  hand  in 
breakeing  or  dissolving  the  confoederacon. 

Yet  in  testimony  of  o^  loyalty  to  the  kings  majesty,  when 
an  authentick  coppy  of  y^  determination  of  his  comissioners  is 
published,  to  be  recorded  w'''  us,  if  thereby  it  shall  appeare  to 
our  coihittee  that  we  are  by  his  maj'ies  authority  now  put 
under  Conecticutt  Pattentt,  wee  shall  submitt,  as  from  a  neces- 
sity brought  upon  us  by  their  meanes  of  Conecticutt  aforesd, 
but  with  a  salvo  jure  of  our  former  right  &  claime,  as  a  people 
who  have  not  yet  been  heard  in  point  of  plea. 

^  James  Bishop,  Secret. 
[386]    II  It  was  ppounded  to  y^  assembly  that   they  would 
appoint  a  coraittee  for  y^  consuinating  of  matters   betwixt 
Conecticutt  &  us,  &  to  give  ansW  to  their  returne  unto  y^ 
former  vote. 

The  comittee  appointed  was  y^  pi'sent  members  of  this  gen'^ 
court,  w'^  the  elders,  Capt.  John  Nash,  James  Bishop,  Francis 
Bell,  M^  Rob*  Treat,  &  Rich:  Baldwin  or  Serj'  Fowler  in  one 
of  their  absence.  These,  or  the  major  part  of  them  that  can 
meete  together,  were  impowered  &  intrusted  with  the  whole 
affayre  in  pi'parotory  way,  comunicating  to  y^  severall  townes 
what  they  agree  upon,  for  their  concurrence  &  confirmation. 


552  RECORDS   OF   THE  [1664 

There  was  alsoe  a  letter  read  to  y^  assembly  to  be  sent  up 
with  ye  former  vote  to  Conecticiitt.  It  was  alsoe  left  to  y^  sd 
comittee. 

The  Court  upon  a  serious  view  of  y^  accounts  of  y^  jurisdic- 
tion treasurer,  did  find  necessary  for  the  attending  of  right- 
eousnes  in  defraying  of  publike  charges,  to  lay  a  halfe  penny 
rate  upon  y^  pound,  to  be  payd  by  y^  severall  plantations  &  y® 
pprietors  of  Paugasett  unto  ye  jurisdiceon  treasurer  in  March 
next,  with  y^  last  of  the  former  rate,  in  such  pay  &  at  such 
prizes  as  y^  last  yeare.* 

A  letter  to  Conecticutt,  as  followeth, 
Honord  Gent', 

Wee  haveing  been  silent  hithertoo,  as  to  y^  makeing  of  any 
grievance  knowne  unto  y^  kings  comissioni'%  notw^^^standing 
w^  may  be  w*^  us  of  such. nature  from  the  severall  transactions 
j^  have  been  amongst  us,  are  desirous  soe  to  continue  the 
managing  of  these  aifayres  in  wayes  consistent  w"^  y^  ancient 
confoederation  of  y^  United  Colonies,  chuseing  rather  to  suffer 
then  to  begin  any  motion  hazardfuU  to  N.  England  settlem^s. 
In  pursuance  whereof,  (according  to  o''  pmise  to  yo""  gent:  sent 
lately  to  demand  our  submission,  though  in  a  divided,  if  not 
deviding  way,  within  our  townes  severally,  seeking  to  bring 
us  under  the  government  by  yo''selves  already  settled,  wherein 

*  Perhaps  also  at  this  time  it  was  agreed  that  this  letter  should  be  sent  to  Col. 
Nicolls,  one  of  the  royal  commissioners. 

Right  Hon''''^,  Atl  a  gen"  meeting  of  deputies  from  y^  severall  plantacons  of  this  col- 
onj',  it  was  agreed  y'  a  letter  should  be  p'pared  and  sent  to  informe  yo'"  hono'^  of  y' 
great  wrong  and  injury  this  colony  have  suffered  from  y  Dutch  at  Delaware  Bay, 
about  14  yeares  agoe,  being  violently  repulsed  w"'  great  damage  out  of  theire  just  pur- 
chase and  possession  there;  for  we  had  purchased  a  great  tract  of  land  on  y''  one  and 
y«  other  side  of  j^  Bay  or  River,  and  a  plantacon  begun  by  sundry  psons,  &  a  trading 
house  set  up,  w<='>  y  Dutch  pillaged  and  burnt,  and  soe  wholly  destroid  y«  designe  at 
yi  tyme.  Two  or  3  yeares  afterwards,  a  new  attempt  was  made  and  a  vessell  sent, 
w^''  was  then  alsoe  stopt  at  the  Manhatoes,  and  sundry  of  y"  principall  psons  impris- 
oned by  the  Dutch  governo'',  soe  y'  nothing  yt  way  hath  ever  bin  attempted  since, 
although  y<^  Indians  of  whome  we  purchased  y  land  doe  still  owne  our  right  &  much 
desire  y^  coming  of  the  English.  But  thus  much  only  to  acquaint  yo''  hono'^  w'  is  further 
intended  upon  a  further  search  of  o''  records  to  be  improved  by  yoi^  bono''  as  yo''  wis- 
dom shall  think  fit;  humbly  desiring  alsoe  that  or  just  claime  to  j"  pmises,  w"  more 
fully  psecuted,  may  be  admitted.  Thus  craving  yo'^  hono''^  pdon  for  this  boldness, with 
humble  service  p'sented,  rests,  Yoi^  Hon'^^  humble  Serv'. 

20  Dec,  1664.  W-"  Jones. 

Doc.  rel.  to  Col.  Hist.  N.  Y.,  iii.  82. 


1664]  JURISDICTION    OF   NEW   HAVEN.  553 

we  have  had  noe  hand  to  settle  the  same,  &  before  you  had 
cleared  to  our  conviction  the  certaine  limits  of  your  charter, 
which  may  justly  increase  the  scruple  of  too  much  hast  in  y^ 
&  former  actings  upon  us,)  the  generality  of  o""  undevided 
people  have  orderly  mett  this  13*''  of  10'^  m",  (64,)  &  by  ye 
vote  inclosed  have  p'  pared  for  this  answer  (to  be  given)  of  o"" 
submission,  which  being  done  by  us,  then  for  the  accomodating 
of  matters  betwixt  us  in  amicable  wise,  by  a  coffiittee  impow- 
ered  to  issue  with  you  on  their  behalfe  &  in  the  behalfe  of  all 
concerned,  according  to  instructions  given  to  y®  sd  coniittee. 
Wee  never  did,  nor  ever  doe  intend  to  damnify  your  morall 
rights  or  just  privilidge,  consistent  with  o""  like  honest  enjoy m% 
[387]  II  and  we  would  hope  y'  you  have  noe  further  scope 
towards  us,  not  to  violate  our  coven^  interest,  but  to  accomo- 
date us  w^'i  that  we  shall  desire  &  the  pattent  beare,  as  hath 
been  often  sd  you  would  doe.  And  surely  you  have  ye  more 
reason  to  be  full  with  us  herein,  seeing  y'  yo^  success  for  pat- 
tent  bounds  wt^h  those  gent:  now  obtahied  seemes  to  be  debtor 
unto  our  silence  before  y'",  when  as  you  thus  by  single  aplica- 
tion  and  audience  issued  that  matter.  You  thus  pformeing  to 
satisfaction,  we  may  still  rest  silent,  &  according  to  pfession  by 
a  studious  &  cordiall  endeavor  with  us  to  advance  the  interest 
of  Christ  in  this  wildernes,  &  by  the  Lords  blessing  thereupon, 
love  &  union  betweene  us  may  be  greatly  confirmed,  &  all  our 
comforts  inlarged,  which  is  the  earnest  prayer  of, 

Gent:  your  loveing  friends  and  neighbors, 

the  Coihittee  appointed  by  ye  freemen  & 

inhabitants  of  N.  Haven   Colony,  now 

assembled, 

New  Haven,  Decemb:  14^'',      W  James  Bishop,  Secretary. 

1664. 

Connecticutts  returne. 

Hartford,  Decemb--  21*'',  1664. 
Hono'-'i  Gent", 

Wee  have  received  yo-^s  dated  the  14'^  of  this  instant,  signed 
p  James  Bishop,  &c.,  wherein  you  are  pleased  to  mention  yo-" 
silence  hitherto,  as  to  y-'  makeing  any  grievance  knowne  to 
his  majt'es  comission'"%  notwithstanding  what   may  be  with 

70 


554  RECORDS   OF  THE  [1664 

you,  &c.  Wee  can  say  y<^  same,  though  we  had  faire  opper- 
tunities  to  p^sent  any  thing  of  that  nature.  As  for  yo""  desire 
to  mafiage  affayres  consistant  with  y^  confederation,  the  p^sent 
motion  will  (we  hope)  upon  a  candid  review  not  appeare  any 
wayes  dissonant  therefrom,  for  besides  ye  provision  made  in 
one  of  the  Articles  of  Confoederation  for  two  colonyes  uniteing 
in  one,  there  was  speciall  provision  (as  you  well  know)  made 
at  yf  last  session  of  the  com"  to  that  purpose,  conjoyned  with 
patheticall  advice  &  counsell  to  an  amicable  union.  O""  too 
much  forwardnes  with  N.  Haven,  &c,  is  not  soe  cleare,  seeing 
those  plantations  you  inhabitt  are  much  about  the  centure  of 
o""  patent,  which  o''  charter  limitts,  as  alsoe  the  inclosed  deter- 
mination of  his  majties  honourable  comission'"%  will  to  yo"" 
conviction  be  apparant.  That  o^  success  for  patent  bounds 
with  ye  kings  com^^  is  debtor  to  yo""  silence  seemes  to  us 
strange,  when  yC  non  complyance  was  soo  abmidantly  knowne 
to  those  gent",  yea  the  newes  of  yo^"  motions  when  M^.  Jo: 
Allyn  was  last  with  you,  was  at  Newyorke  before  o''  governo'"' 
departure  thence,  notwithstanding  yo''  silence,  and  yet  soe 
good  an  issue  obtained.  Wee  desire  such  reflections  may  be 
[888]  buried  ||  in  perpetuall  silence,  which  onely  yo^selves 
necessitating  thereunto  shall  revive  them,  being  willing  to 
pursue  truth  &  peace  as  much  as  may  be  with  all  men,  espe- 
cially with  o""  deare  brethren  in  the  fellowship  of  the  gospell, 
&  fellow  members  of  the  same  civill  corporation,  accomodated 
w'*'  soe  many  choise  privilidges,  w^^  wee  are  willing  after  all 
is  p'pared  to  yo'"  hands  to  conferre  upon  you  equall  w^^ 
©""selves,  which  we  wish  may  at  last  produce  the  long  desired 
efect  of  yo'"  free  ^k  cordyall  closure  with  us,  not  attributing 
any  necessity  imposed  by  us  farther  then  the  scituation  of  those 
plantatations  in  the  heart  of  o""  colony,  and  therein  y«  peace 
of  posteritie  in  these  parts  of  the  countrey  is  necessarily 
included,  &  that  after  soe  long  liberty  to  p'"sent  yo""  plea  where 
you  have  scene  meete.  Gent'^  wee  desire  a  full  answer  as 
speedily  as  may  be,  whether  those  lately  impowered  accept  to 
governe  according  to  tlieir  commission,  if  not,  other  meete 
persons  to  governe  may  by  us  be  impowered  in  their  roonie. 
Thus  desiring  the  Lord  to  unite  C"  hearts  &  spiritts  in  wayes 
well  pleasing  in  his  sight. 

Which  is  the  prayers  of  yC  very  loveing  friends. 
The  Councill  of  the  Colony  of  Coaecticutt, 
Signed  by  their  order  p  me,  John  Allyn,  Secreti^y. 
The  determination  of  his  inaf'"  com"  folloives* 


*  A  blank  is  here  left  for  the  record  of  the  determination  of  the  royal  commissioners. 
The  copy  here  given  is  from  the  record  in  a  volume  in  the  Secretary's  office  in  Hart- 
ford, lettered  "  Colonial  Records,  New  England,  1664,  1702,"     p.  2. 


1664]  JURISDICTION   OP   NEW   HAVEN.  555 

[By  vertue  of  his  Ma""'  Commission  wee  haue  heard  the  differences 
about  the  bounds  of  the  Patents  graunted  to  his  royall  highnesse  the 
Duke  of  Yorke  &  his  Majesties  Colony  of  Conecticutt,  and  haueing 
deliberately  considered  all  the  reasons  alleadged  by  M'.  Allyn,  sen'', 
M".  Gold,  M".  Richards,  &  Captaine  Winthrop,  appoynted  by  the 
Assembly,  held  at  Hartford  the  13"'  day  of  October,  1664,  to  accom- 
pany John  Winthrop,  Esq',  (the  gouernour  of  his  Majesties  Colony  of 
Conecticutt)  to  New  Yorke,  &  by  M'.  Howell  and  Captaine  Young  of 
Long  Island,  why  the  sayd  Long  Island  should  be  under  the  gouer- 
ment  of  Conecticutt,  which  are  to  long  here  to  be  recited.  Wee  doe 
declare  and  order,  that  the  southern  bowuds  of  his  Majesties  Colony 
of  Conecticutt  is  the  sea,  &  that  Long  Island  is  to  be  under  the  gouer- 
ment  of  his  royall  highness  the  Duke  of  Yorke,  as  is  exprest  by  playn 
words  in  the  sayd  patents  respectiuely. 

And  allso,  by  vertue  of  his  Majesties  Comission,  and  by  the  consent 
of  both  tlie  gouernours  &  tlie  gentlemen  aboue  named,  wee  allso  order 
&  declare,  that  the  creeke  or  riuer  called  Momoronock,  which  is 
reputed  to  be  about  twelue  miles  to  the  east  of  West  Chester,  and  a 
lyne  drawn e  from  the  east  poynt  or  side,  where  the  fresh  water  falls 
into  the  salt  at  high  water  marke,  north  northwest,  to  the  lyne  of  the 
Massachusets,  be  the  western  bownds  of  the  sayd  Colony  of  Conecti- 
cutt, and  all  plantations  iyeing  westwards  of  that  creeke  and  lyne  so 
drawne,  to  be  under  his  royall  highnesse  gouerment,  and  all  planta- 
tions Iyeing  eastward  of  that  creek  &  lyne,  to  be  under  the  gouerment 
of  Conecticutt. 

Giuen  under  o""  hands,  at  Forte  Jame  ■  in  A^ew  Yorke  on  Manhatans 
Island,  this  30'"  day  of  Nouember,  1  664. 

Richaid  Nicolls, 
George  Cartwright, 
Samuell  Mauericke.] 

[389]      The  last  returne  of  N.  Haven   Colony  Comitlee^  in 
ansvf  to  their  former  letter. 

Newhaven,  Jaii^y  5*^',  1664. 
Honed  Gent", 

Whereas  by  yo^s,  dat'  Decemb'-  21'^  1664,  you  please  to 
say  y*  you  did  ye  same  as  we  in  not  makeing  any  grievance 
knowne  to  the  com",  &c,  unto  y'  may  be  returned  that  you 
had  not  ye  same  cause  soe  to  doe,  from  any  pftence  of  injury 
by  Of  intermedling  with  yo""  colony  or  coven'  mterest,  unto 
wch  we  referre  y'  passage.  For  o^  expressing  desires  to  man 
age  all  o""  matters  in  consistencie  w'''  the  confoederation  we 
hope  you  will  not  blame  us;  how  dissonant  or  consonant  yo"" 
actings  with  us  have  been,  we  leave  to  ye  confoederates  to 
judge,  as  their  records  may  show.     That  article  w<=h  allowes 


V 


556  RECORDS   OF   THE  [1664 

two  coloiiys  to  joine  doth  alsoe  w^t  others  assert  ye  justnes  of 
each  coloiiyes  distinct  right  untill  joined  to  mutuall  satisfac- 
tion, &  the  provision  made  in  such  case  y^  last  session  we 
gainesay  not,  w"  the  union  is  soe  compleated  &  a  new  settlemt 
of  the  confoederation  by  y^  respective  gen"  courts  accom- 
plish [ed,]  Their  patheticall  advice  &  counsell  for  an  amica- 
ble union  we  wish  may  be  soe  attended,  in  order  whereunto 
we  gave  you  notice  of  a  comittee  p'"pared  to  treate  with  you  for 
such  an  accomodation,  unto  W^  you  give  us  noe  answer,  but 
instead  thereof  send  forth  yo''  edict  from  authoritie  upon  us 
before  o""  conviction  for  submission  was  declared  to  you.  The 
argum*  from  o""  intermixt  scituation  is  y^  same  now  as  it  was 
before  o''  confoederating  &  ever  since,  &  affords  noe  more 
ground  now  to  dissanull  y^  coven'  then  before.  We  might 
marveile  at  yo"" .  strange  why  we  should  thinke  yo''  successe 
should  be  debto""  to  o""  silence,  &  y*  because  y^  newes  of  o"" 
noncomplyance  was  w"i  y^  com'''',  as  if  y"  meere  newes  of 
such  a  thing  contained  y"  strength  of  all  we  had  to  say  or 
plead.  Genfi  we  intreate  you  to  consider  that  there  is  more 
in  it  then  soe,  yea  yt  still  we  have  to  alledge  things  of  weight, 
[390]  &  know  where  &  how,  if  wee  chose  not  ||  rather  to  abate 
&  suffer,  then  by  striveing  to  hazard  y^  hurting  yo'selves  or  ye 
comon  cause.  We  scope  not  at  reflections,  but  conviction  & 
conscience-satisfaction,  y*  soe  brethren  in  ye  fellowship  of  ye 
gospell  might  come  to  a  cordiall  &  regular  closure,  &  soe  to 
walke  together  in  love  &  peace  to  advance  Christ  his  interest 
among  them,  which  is  all  our  designe ;  but  how  those  high  & 
holy  ends  are  like  soe  to  be  promoved  betweene  us  without  a 
treaty  for  accomodation,  wee  have  cause  to  doubt,  yet  yt  wee 
may  not  faile  in  ye  least  to  performe  whatever  wee  have  said, 
we  now  signify,  that  haveing  scene  ye  coppye  of  his  maj^'es 
comission''*  determination  (deciding  ye  bounds  betwixt  his 
highnes  ye  Duke  of  Yorke,  &  Conecticutts  charter,)  wee  doe 
declare  submission  thereunto  according  to  y"  true  intent  of 
our  vote,  unto  which  we  referre  yoji.  As  to  that  part  of  yo" 
concerneing  o""  magistrates  &  officers  acceptance,  their  answer 
is,  that  they  haveing  been  chosen  by  the  people  here  to  such 
trust,  &  sworne  thereunto  for  ye  yeare  ensueing  &  untill  new 


1664]  JURISDICTION    OF   NEW   HAVEN.  557 

be  orderly  chosen,  and  being  againe  desired  to  continue  y^ 
trust,  they  shall  goe  on  in  due  observance  thereof,  according 
to  ye  declaration  left  with  us  by  M^  John  AUyn  &  M^  Sam'i 
Shearman,  beareing  date  Novemb""  19'^^  1664,  in  hopes  to  find 
y'  in  a  loveing  treaty  for  accomodating  matters  to  y^  ends 
professed  by  you,  unto  which  o^  comittee  stands  ready  to 
attend,  upon  notice  from  you,  that  soe  truth  &  peace  may  be 
maintained.  Soe  shall  wee  not  give  you  further  trouble,  but 
remaine, 

Gent"  yo''  very  loveing  friends  &  neighbor* 
the  Coinittee  appointed  by  y^  freemen  &  inhab- 
itants of  N.  Haven  Colony,  signed  a^  their 
order,  ^  me,  James  Bishop,  Secrefi/. 


[Connecticut  appointed  no  committee  to  treat  with  the  committee  of  New  Haven 
Colony  respecting  the  terms  of  union,  and  the  special  privileges  before  offered  to  New 
Haven  not  having  been  accepted,  when  those  towns  finally  submitted,  they  did  so  to 
enjoy  "  equall  pattent  privilidges  in  all  respects  with  the  rest  of  the  members  of  this 
collonie."  A  county  coui-t  was  established  at  New  Haven,  October,  1665,  and  the 
United  Colonj'  was  divided  into  four  counties,  the  next  year,  but  no  Court  of  Assist- 
ants, or  Superior  Court,  if  we  except  the  short  period  of  Andross'  administration,  sat 
in  New  Haven  till  October,  1701.  The  laws  of  Connecticut  were  read,  by  Mr.  Jones, 
at  a  public  meeting  in  New  Haven,  August  14th,  1665,  and  thereafter  those  of  New 
Haven  were  entirely  disused  and  laid  aside.  The  first  court  with  a  jury  was  held 
there  October  3d,  1665. 

A  special  session  of  the  general  assembly  was  called  to  meel  at  Hartford,  on  the  15th 
of  March.  1664-5,  to  attend  which  from  New  Haven,  Capt.  John  Nash  and  John  Cooper 
were  chosen,  but  the  former  declai-ing  his  inability  to  go,  Lieut.  Thomas  Munson  was 
elected  in  his  place;  the  session  was,  however,  put  off  till  April  20,  1665,  when  John 
Cooper  and  James  Bishop  were  chosen  deputies  and  attended.  The  session  appears 
to  have  been  entirely  harmonious.  A  suitable  number  from  the  towns  of  New  Haven, 
Milford,  Guilford,  Stamford  and  Brauford  was  put  in  nomination,  of  whom,  Mr.  Leete, 
Mr.  Jones,  Mr.  Fenn  and  Mr.  Crane,  at  the  election  in  May,  1665,  were  chosen  Magis- 
trates or  Assistants  of  Connecticut,  and  an  act  of  indemnity  was  passed  in  these  words, 
"  This  Court  doth  hereby  declare  that  all  former  actings  that  haue  past  by  the  fonner 
power  at  New  Hauen,  so  farr  as  thej'  haue  concerned  this  colony,  (whilst  they  stood 
as  a  distinct  colony,)  though  thej'  in  their  own  nature  haue  seemed  uncomfortable  to 
us,  yet  they  are  hereby  buryed  in  perpetuall  obliuion,  neuer  to  be  called  to  account  " 

The  union  was  a  real  advantage  to  the  inhabitants  of  both  colonies,  and  contributed 
essentially  to  the  peace,  strength,  prosperity  and  convenience,  of  them  and  then-  pos- 
terity; nor  afterward,  save  to  Mr.  Davenport,  Mr.  Pierson  and  a  part  of  the  congrega 
tion  of  the  latter,  who  were  strenuous  advocates  for  the  principle  that  church  mem 
bers  only  should  have  the  privilege  of  freemen,  does  there  any  thing  appear  which 
would  lead  to  the  supposition  that  the  change  of  government  was  not  perfectly  and 
entirely  to  the  satisfaction  of  the  people  of  the  former  Colony  of  New  Haven.) 


ERRATA. 
Page  449,  line  2,  for  srow,  rtad  frow.     A  frower  is  defined  as  an  instrument  used 
in  cleaving  laths. 

Page  468,  line  15  of  note, /or  keep  ey,  read  keepe  y'. 
Page  487,  line  13,  for  1557,  read  1657. 

In  the  former  volume. 
Page  516,  bottom  line,  for  1649,  read  1647. 


Itate  of  Coiinntinit,  m. 

Secretary's  Office. 

J  l)Cl'£by  ccrtifn,  that  I  have  caused  the  printed  matter 
contained  in  the  foregoing  pages  of  this  volume  to  he  care- 
fully compared  with  the  original  Record,  and  that  the  same 
is  (except  where  otherwise  indicated  and  expressed,)  a  true, 
full  and  literal  copy  thereof,  and  of  such  documents  from  the 
Files  of  the  State  as  are  incorporated  therewith. 

"^Xy  tcsttmong  toljcreof,  I  have  hereunto 
L.  S.  set  my  hand  and  affixed  the  Seal  of 

the  State,  at  Hartford,  this  6th  day 
of  April,  A.  D.  1858. 

ORVILLE  H.  PLATT, 

Secretary  of  State. 


y 


New- Haven '  s 

Settling  in 

NEW-ENGLAND. 

AND  SOME 

LAWES 

FOR 

G-  O  V  E  R  N  M  E  N  T:- 

Publiflied  for  the  Ufe  of  that  Colony. 


Though  fome  of  the  Orders  intended  for 

prefent  convenience,  may  probably 

be  hereafter  altered,  and  as 

need  requireth  other 

Lawes  added. 


LONDON: 

Printed  by  31.  S.  for  Livewell  Chajyman,  at  the 
Croume  in  Pojyef-head-Miey. 
16  56. 


NE  W-HA  VE N'  S 

Settling  in 

New-England. 

A7id  some  Lawes  for  Qovernment^  &c. 


IT  hath  pleased  the  onely  wise,  and  All-sufficient  God,  who 
Ruleth  all  the  world,  determines  times,  and  sets  the  bounds 
of  all  mens  habitations,  but  is  the  Rich,  and  pretious  portion 
of  them  that  fear  and  trust  in  him,  at  sundry  times,  and  upon 
weighty  occasions,  to  bring  severall  Companies  of  his  people,  over  the 
great  Deeps,  into  this  part  of  America,  called  New-England,  a  place 
far  remote  from  their  dear  Native  Countrey,  and  hath  here  planted, 
protected,  and  graciously  provided  for  them. 

The  first  Adventurers  (before  they  had  conveniency  for  travell,  and 
opportunity  to  consider,  and  compare  one  place  with  another)  sate 
downe  at  Plymouth,  and  have  had  much  experience  of  Gods  goodnesse 
and  compassion  in  a  Wildernesse,  now  betwixt  thirty,  and  forty  years. 
In  some  years  after,  the  Lord  bringing  over  more  of  his  people, 
they  planted  in,  and  about  the  Massachusets  Bay,  and  grew  a  large 
Colony,  and  after  them  the  English  in  Connecticut,  and  New-Haven, 
for  the  conveniency  of  the  Sea,  and  Rivers,  planted  more  Westerly. 
And  for  a  while  continued,  though  united  in  Nation,  Religion,  and 
affection,  yet  otherwise  severall  and  distinct  Jurisdictions,  free  from 
[2]  II  any  expresse  Ingagement  one  to  another.  In  this  time  the 
Enemy  slept  not,  but  was  at  work,  to  disturb  the  peace  of  the  English, 
both  in  sowing  Tares  within,  among  themselves,  and  stirring  up  the 
Indians  from  abroad  against  them ;  but  he  that  is  wonderfuU  in 
Counsell,  and  excellent  in  working,  overpowred  Satan,  and  his  Instru- 
ments, and  gave  good  issues  to  his  people,  in  those  their  uncomfortable 
exercises. 

A  while  after,  upon  the  motion  of  the  3fassachusets  Colony,  a  Treaty 
was  begun,  and  in  processe  of  time  comfortably  finished;  solemne  Cov- 
71 


562  NEW  HAVEN  COLONY  LAWS. 

enants  were  agreed,  and  concluded  betwixt  the  said  Jurisdictions,  in 
the  following  words. 


ARTICLES 

%         OF 
Confederation  betwixt  the  Plantations  un- 
der the  Government  of  the  Massachusets,  the 
Plantations  under  the  Government  of  Flt- 
mouth,the  Plantations  under  the  Government 
of  Connectecut,  and  the  Government  of 
JVeiv  Haven,  with  the  Plantations  in 
Combination  therewith. 

WHereas  we  all  came  into  these  parts  of  America,  with  one  and 
the  same  end  and  ayme,  namely,  to  advance  the  Kingdome  of 
our  Lord  Jesus  Chi-ist,  and  to  enjoy  the  liberties  of  the  Gospel,  in 
purity  with  peace;  and  whereas  in  our  settling  (by  a  wise  providence 
of  God)  we  are  further  dispersed  upon  the  Sea-Coasts,  and  Rivers, 
then  was  at  first  intended,  so  that  we  cannot  (according  to  our  desix^e) 
with  convenience  communicate  in  one  Government,  and  Jurisdiction ; 
and  whereas  we  live  encompassed  with  people  of  severall  Nations,  and 
strange  languages,  which  hereafter  may  prove  injurious  to  us,  and  our 
posterity :  And  forasmuch  as  the  Natives  have  formerly  committed 
[3]  sundry  insolencies  and  outrages  upon  severall  Plantations  ||  of  the 
English,  and  have  of  late  combined  themselves  against  us.  And  see- 
ing by  reason  of  the  sad  distractions  in  England,  which  they  have 
heard  of,  and  by  which  they  know  we  are  hindred  both  from  that 
humble  way  of  seeking  advice,  and  reaping  those  comfortable  fruits  of 
protection  which,  at  other  times,  we  might  well  expect;  we  therefore 
doe  conceive  it  our  bounden  duty,  without  delay,  to  enter  into  a  pres- 
ent Consotiation  amongst  our  selves,  for  mutuall  help  and  strength  in 
all  our  future  concernments,  that,  as  in  Nation,  and  Religion,  so,  in 
other  respects,  we  be,  and  continue.  One,  according  to  the  tenour  and 
true  meaning  of  the  ensuing  Articles. 

Wherefore  it  is  fully  Agreed  and  Concluded  by  and  between  the 
parties,  or  Jurisdictions  above  named,  and  they  doe  joyntly  and  sever- 
ally by  these  presents  agree  and  conclude,  That  they  all  be,  and  hence- 
forth be  called  by  the  name  of,  The  United  Colonies  of  Neio-England. 
The  said  United  Colonies  for  themselves,  and  their  posterities 
doe  joyntly  and  severally  hereby  enter  into  a  firm  and  perpetuall 
league  of  friendship  and  amity,  for  olfence  and  defence,  mutuall  advice 
and  succour,  upon  all  just  occasions,  both  for  preserving  and  propaga- 
ting the  truth,  and  liberties  of  the  Gospel,  and  for  their  own  mutuall 
safety,  and  wellfare. 


NEW   HAVEN   COLONY   LAWS.  563 

It  is  further  agreed,  That  the  Plantations  which  at  present  are, 
or  hereafter  shall  be  settled  within  the  limits  of  the  Massachusets,  shall 
be  forever  under  the  Government  of  the  Massacliusets.  And  shall 
have  peculiar  Jurisdiction  amongst  themselves,  as  an  intire  body  ;  and 
that  Plimouth,  Connecticut,  and  New- Haven,  shall  each  of  them,  in  all 
respects,  have  the  like  peculiar  Jurisdiction,  and  Government  Avithin 
their  limits.  And  in  reference  to  the  Plantations  Avhich  already  are 
setled,  or  shall  hereafter  be  erected  and  -fehall  settle  within  any  of 
their  limits  respectively,  provided  that  no  other  Jurisdiction  shall 
hereafter  be  taken  in,  as  a  distinct  head,  or  Member  of  this  Confeder- 
ation, nor  shall  any  other  either  Plantation,  or  Jurisdiction  in  present 
being,  and  not  already  in  combination,  or  under  the  Jurisdiction  of 
[4]  II  any  of  these  Confederates,  be  received  by  any  of  them,  nor  shall 
any  two  of  these  Confederates,  joyne  in  one  Jurisdiction,  without  con- 
sent of  the  rest,  which  consent  to  be  Interpreted,  as  in  the  sixt  ensuing 
Article  is  expressed. 

It  is  also  by  these  Confederates  agreed,  That  the  charge  of  all 
just  Wars,  whether  offensive,  or  defensive,  upon  what  part  or  Member 
of  this  Confederation  soever  they  fall,  shall  both  in  men,  provisions, 
and  all  other  disbursements,  be  born  by  all  the  parts  of  this  Confeder- 
ation, in  different  pi'oportions,  according  to  their  different  abilities,  in 
manner  following,  namely.  That  the  Commissioners  for  each  Jui'isdic- 
tion,  from  time  to  time,  as  there  shall  be  occasion,  bring  a  true  account 
and  number  of  all  the  Males  in  each  Plantation,  or  any  way  belong- 
ing to,  or  under  their  severall  Jurisdictions,  of  what  quality,  or  condi- 
tion soever  they  be,  from  sixteen  years  old,  to  threescore,  being  inhab- 
itants there.  And  that  according  to  the  different  numbers,  which 
from  time  to  time  shall  be  found  in  each  Jurisdiction,  upon  a  true,  and 
just  account,  the  service  of  men,  and  all  chai-ges  of  the  war,  be  born  by 
the  poll:  Each  Jurisdiction,  or  Plantation,  being  left  to  their  own  just 
course,  and  custome,  of  rating  themselves,  and  people,  according  to 
their  different  estates,  with  due  respect  to  their  qualities  and  exemp- 
tions among  themselves,  though  the  Confederation  take  no  notice  of 
any  such  priviledge.  And  that,  according  to  the  different  charge  of 
each  Jurisdiction,  and  Plantation,  the  whole  advantage  of  the  War  (if 
it  please  God  so  to  blesse  their  endeavours)  whether  it  be  in  Lands, 
Goods,  or  persons,  shall  be  proportionably  divided  among  the  said 
Confederates. 

It  is  further  agreed.  That  if  any  of  these  Jurisdictions,  or  any 
Plantation  under,  or  in  Combination  with  them,  be  invaded  by  any 
enemy  whomsoever,  upon  notice,  and  request  of  any  three  Magistrates 
of  that  Jurisdiction  so  invaded.  The  rest  of  the  Confederates,  with- 
out any  further  meeting  or  expostulation,  shall  forthwith  send  ayde  to 
the  Confederate  in  danger,  but  in  different  proportion,  namely  the 
Massachusets  one  hundred  men  sufficiently  armed,  and  provided  for 
[5]  II  such  a  service,  and  journey.  And  each  of  the  rest  five  and 
forty  men,  so  armed  and  provided,  or  any  lesse  number,  if  lesse  be 
required,  according  to  this  proportion.  But  if  such  a  Confederate 
may  be  supplyed  by  their  next  Confederate,  not  exceeding  the  number 
hereby  agreed,  they  may  crave  help  there,  and  seek  no  further  for  the 


564  NEW    HAVEN    COLONY   LAWS. 

present.  The  charge  to  be  born,  as  in  this  Article  is  expressed. 
And  at  their  return  to  be  victualled,  and  supplied  with  powder  and 
shot  (if  there  be  need)  for  their  journey  by  that  Jurisdiction  which 
imployed,  or  sent  for  them.  But  none  of  the  Jurisdictions  to  exceed 
these  numbers,  till  by  a  meeting  of  the  Commissioners  for  this  Confed- 
eration, a  greater  ajde  appear  necessary.  And  this  proportion  to 
continue,  till  upon  knowledge  of  the  numbers  in  each  Jurisdiction, 
which  shall  be  brought  to  the  next  meeting,  some  other  proportion  be 
ordered.  But  in  any  such  case  of  sending  men  for  present  ayde, 
whether  before  or  after  such  order  or  alteration,  it  is  agreed.  That  at 
the  meeting  of  the  Commissioners  for  this  Confederation,  the  cause  of 
such  war  or  invasion,  be  duly  considered,  and  if  it  appear,  that  the 
fault  lay  in  the  party  so  invaded,  that  then,  that  Jurisdiction,  or  Plan- 
tation, make  just  satisfaction,  both  to  the  invaders,  whom  they  have 
injuried,  and  bear  all  the  charges  of  the  war  themselves,  without  requir- 
ing any  allowance  from  the  rest  of  the  Confederates  toward  the  same. 
And  further,  if  any  Jurisdiction  see  any  danger  of  an  invasion 
approaching,  and  there  be  time  for  a  meeting.  That  in  such  case,  three 
Magistrates  of  that  Jurisdiction  may  summon  a  meeting,  at  such  con- 
venient place,  as  themselves  shall  think  meet,  to  consider,  and  provide 
against  the  threatned  dangei'.  Provided,  when  they  are  met,  they 
may  remove  to  what  place  they  please,  onely  while  any  of  these  four 
Confederates,  have  but  three  Magistrates  in  their  Jurisdiction,  a 
request  or  summons,  from  any  two  of  them,  shall  be  accounted  of 
equall  force,  with  the  three  mentioned  in  both  the  clauses  of  this  Arti- 
cle, till  there  be  an  increase  of  Magistrates  there. 
[6]  It  is  also  agreed.  That  for  the  managing  and  concluding  ||  of  all 
affaires  proper  to,  and  concerning  the  Avhole  Confederation,  two  Com- 
missioners shall  be  chosen  by,  and  out  of  the  foure  Jurisdictions, 
namely  two  for  the  Massachusets,  two  for  Plimouth,  two  for  Connecti- 
cut, and  two  for  New-haven,  being  all  in  Church-fellowship  with  us, 
which  shall  bring  full  power  from  their  severall  generall  Courts 
respectively,  to  hear,  examine,  weigh,  and  determine  all  affaires  of 
war,  or  peace,  leagues,  aydes,  chai-ges,  and  numbers  of  men  for  war, 
division  of  spoyles,  or  whatsoever  is  gotten  by  conquest,  i-eceiving  of 
more  confederates,  or  Plantations  into  Combination  with  any  of  these 
Confederates,  and  all  things  of  like  nature,  which  are  the  proper  con- 
comitants, or  consequences  of  such  a  Confederation,  for  amity,  offence, 
and  defence,  not  intermedling  with  the  Government  of  any  of  the  Juris- 
dictions, which  by  the  third  Article,  is  preserved  intirely  to  themselves. 
But  if  these  eight  Commissioners  Avhen  they  meet,  shall  not  all  agree, 
yet  it  is  concluded.  That  any  six  of  the  eight  agreeing,  shall  have 
power  to  settle,  and  determine  the  businesse  in  question.  But  if  six 
doe  not  agree,  that  then  such  Propositions,  with  their  Reasons,  so  far  as 
they  have  been  debated,  be  sent,  and  referred  to  the  foure  Generall 
Courts,  viz.The  Massachusets,  Plpniouth,  Connectecut,  and  New-haven. 
And  if  at  all  the  said  Generall  Courts,  the  businesse  so  referred,  be 
concluded,  then  to  be  prosecuted  by  the  Confederates,  and  all  their 
Members.  It  is  further  agreed,  That  these  eight  Commissioners  shall 
meet  once  every  year,  besides  extraordinary  meetings,  according  to 


NEW   HAVEN    COLONY   LAWS.  565 

the  fifth  Article  to  consider,  treat,  and  conclude  of  all  affaires  belong- 
ing to  this  Confederarion,  which  meeting  shall  ever  be  the  first  Thurs- 
day in  September.  And  that  the  next  meeting  after  the  date  of  these 
presents,  which  shall  be  accounted  the  second  meeting,  shall  be  at 
Boston  in  the  3Iassachusets,  the  third  at  Hartford,  the  fourth  at  JVew- 
haven,  the  fifth  at  Plimouth,  the  sixth  and  seventh  at  Boston  ;  and  then 
Hartford,  New-haven,  and  Plymouth,  and  so  in  course  successively. 
If  in  the  mean  time,  some  middle  place  be  not  found  out,  and  agreed 
on,  which  may  be  comodious  for  all  the  Jurisdictions. 
[7]  II  It  is  further  agreed.  That  at  each  meeting  of  these  eight  Com- 
missioners, whether  ordinary  or  extraordinary ;  they  all,  or  any  six  of 
them  agreeing  as  before,  may  choose  their  President  out  of  themselves, 
whose  Oflice  and  work  shall  be,  to  take  care,  and  direct  for  Order,  and 
a  comely  carrying  on  of  all  proceedings  in  the  present  meeting.  But 
he  shall  be  invested  with  no  such  power  or  respect,  as  by  which,  he 
shall  hinder  the  propounding  or  progresse  of  any  businesse,  or  any 
way  cast  the  scales,  otherwise  then  in  the  precedent  Article  is 
agreed. 

It  is  also  agreed.  That  the  Commissioners  for  this  Confederation 
hereafter  at  their  meetings,  whether  ordinary  or  extraordinary,  as  they 
may  have  Commission  or  opportunity,  doe  endeavour  to  frame  and 
establish  Agreements  and  Orders  in  generall  cases  of  a  civil  nature, 
wherein  all  the  Plantations  are  interested,  for  jireserving  peace 
amongst  themselves,  and  preventing  (as  much  as  may  be)  all  occa- 
sions of  war,  or  differences  with  others,  as  about  the  free  and  speedy 
passage  of  Justice  in  each  Jurisdiction,  to  all  the  Confederates  equally, 
as  to  their  own,  receiving  those  that  remove  from  one  Plantation  to 
another,  without  due  Certificates,  how  all  the  Jurisdictions  may  carry 
it  towards  the  Indians,  that  they  neither  grow  insolent,  nor  be  injuried 
without  due  satisfaction,  least  War  break  in  upon  the  Confederates, 
through  such  miscarriages.  It  is  also  agreed.  That  if  any  Servant 
run  away  from  his  Master,  into  any  other  of  the.se  Confederated  Juris- 
dictions, That  in  such  case,  upon  the  Certificate  of  one  Magisti-ate  in 
the  Jurisdiction,  out  of  which  the  said  Servant  fled,  or  upon  other  due 
proof,  the  said  Servant  shall  be  delivered  either  to  his  Master,  or  any 
other  that  pursues,  and  brings  such  Certificate,  or  proof.  And  that 
upon  the  escape  of  any  Prisoner  whatsoever,  or  fugitive,  for  any  Crim- 
inall  Cause,  whether  breaking  Prison,  or  getting  from  the  Officer,  or 
otherwise  escaping,  upon  the  Certificate  of  two  Magistrates  of  the 
Jurisdiction  out  of  which  the  escape  is  made,  that  he  was  a  prisoner 
or  such  an  ofFendor,  at  the  time  of  the  escape.  The  Magistrates,  or 
[8]  some  of  them,  of  that  Jurisdiction  Avhere  for  the  ||  present  the  said 
prisoner  or  fugitive  abideth,  shall  forthwith  grant  such  a  Warrant,  as 
the  case  will  bear,  for  the  apprehending  of  any  such  person,  and  the 
delivery  of  him  into  the  hand  of  the  Officer,  or  other  person  who  pur- 
sueth  him.  And  if  help  be  required  for  the  safe  returning  of  any  such 
offender,  it  shall  be  granted  unto  him  that  craves  the  same,  he  paying 
the  charges  thereof. 

And  for  that  the  justest  Wars  may  be  of  dangerous  consequence, 
especially  to  the  smaller  Plantations  in  these    United  Colonies,  it  is 


566  NEW   HAVEN  COLONY  LAWS. 

agreed,  That  neither  the  Ifassachusets,  Plymouth,  Connecticut,  nor 
New-Haven,  nor  any  of  the  Members  of  any  of  them,  shall  at  any 
time  hereafter  begin  undertake  or  engage  themselves,  or  this  Confed- 
eration, or  any  part  thereof  in  any  War  whatsoever  (sudden  exigents 
vrith  the  necessary  consequences  thereof  excepted,  which  are  also  to 
be  moderated,  as  much  as  the  case  Avill  permit)  without  the  consent 
and  agreement  of  the  forenamed  eight  Commissioners,  or  at  least  six 
of  them,  as  in  the  sixt  Article  is  provided.  And  that  no  charge  be 
required  of  any  of  the  Confederates  in  case  of  a  defensive  War,  till 
the  said  Commissioners  have  met,  and  approved  the  Justice  of  the 
War,  and  have  agreed  upon  the  sum  of  money  to  be  levied ;  which 
sum  is  then  to  be  paid  by  the  severall  Confederates,  in  proportion, 
according  to  the  fourth  Article. 

That  in  extraordinary  occasions,  when  meetings  are  summoned  by 
three  Magistrates  of  any  Jurisdiction,  or  two  as  in  the  fifth  Article,  if 
any  of  the  Commissioners  come  not,  due  warning  being  given,  or  sent, 
it  is  agreed,  That  foure  of  the  Commissioners  shall  have  power  to 
direct  a  War  which  cannot  be  delayed,  and  to  send  for  due  propor- 
tions of  men,  out  of  each  Jurisdiction,  as  well  as  six  might  doe,  if  all 
met,  but  not  lesse  then  six  shall  determine  the  justice  of  the  War,  or 
allow  the  demands,  or  Bills  of  charges,  or  cause  any  levies  to  be  made 
for  the  same. 

It  is  further  agreed.  That  if  any  of  the  Confederates  shall  hereafter 
break  any  of  these  present  Articles,  or  be  any  other  Avay  injurious  to 
any  one  of  the  other  Jurisdictions  such  breach  of  Agreement,  or  injury 
[9]  shalbe  duly  considered,  and  ordered  ||  by  the  Commissioners  for 
the  other  Jurisdictions,  that  both  peace,  and  this  present  Confederation, 
may  be  intirely  preserved  without  violation. 

Lastly,  this  perpetuall  Confederation,  and  the  severall  Articles  and 
Agreements  thereof,  being  read  and  seriously  considered,  both  by  the 
Generall  Court  for  the  Massachusets,  and  by  the  Commissioners  for 
Plymouth,  Comiecticut,  and  New-Haven,  were  presently  and  fully 
allowed  and  confirmed  by  three  of  the  fore-named  Confederates,  namely 
the  Massachusets,  Connecticut,  and  New-Haven ;  in  testimony  whereof, 
the  Generall  Court  of  the  Massachusets  by  their  Secretary,  and  the 
Commissioners  for  Connecticut  and  New-Haven  subscribed  them  tlig 
19  day  of  the  third  month,  commonly  called  May,  Anno  Domini, 
1643. 

Only  the  Commissioners  from  Plymouth,  having  brought  no  Com- 
mission to  conclude,  desired  respite  to  advise  with  their  Generall  Court, 
which  Avas  granted,  and  at  the  second  meeting  of  the  Commissioners 
for  the  Confederation,  held  at  Boston  in  September  following,  the 
Commissioners  for  the  Jurisdiction  of  Plymouth,  delivered  in  an  Order 
of  their  Generall  Court,  dated  the  29  of  August,  1643,  by  which  it 
appeared  that  these  Articles  of  Confederation  were  read,  approved 
and  confirmed  by  the  said  Courts  and  all  their  Townships,  and  their 
Commissionei's  authorized  to  ratifie  them  by  their  subscriptions,  which 
they  accordingly  did,  the  7  day  of  September,  1643. 


NEW   HAVEN   COLONY  LAWS.  667 


WJien  the  Plantafiotis  within  this   Colony  first  treated  to   he   one  Neiv  Haven. 
Jurisdiction,  and  to  settle  themselves  lender  one  Government,  these 
folloioing  particulars  were  solemnly  and  unanimously  approved 
and  concluded  as  a  fundamentall  Agreement,  upon  lohich   the 
Combination  was  framed. 

THat  none  shall  be  admitted  Free-men,  or  free  Burgesses  within  Deut.  1. 13. 
this  Jurisdiction,  or  any  part  of  it,  but  such  Planters  as  are  Mem-  ^^°^- 1^-  fi- 
bers of  some  one,  or  other  of  the  approved  Churches  of  New-England;  J^^^'or.  '01    ' 
nor  shall  any  but  such  be  chosen  to  Magistracy,  or  to  carry  on  any 
part  of  Civil  Judicature,  or  as  Deputies  or  Assistents  to  have  power, 
[10]  or  Vote  in  ||  establishing  Lawes,  or  in  making  or   repealing 
Orders,  or  to  any  chief  Military  Office,  or  trust,  nor  shall  any  others, 
but  such  Church  Members,  have  any  Vote  in  any  such  Elections. 
Though  all  others  admitted  to  be  Planters,  have  right  to  their  proper 
Inheritances,  and  doe  and  shall  enjoy  all  other   Civil  liberties  and 
priviledges,  according  to  all  Lawes,  Orders,  or  grants,  which  are,  or 
hereafter  shall  be  made  for  this  Colony. 

That  all  such  Freemen  of  this  Jurisdiction,  shall  yearly  without 
any  summons,  upon  the  Election  day,  which  is  to  be  the  last  fourth 
day  in  the  week,  commonly  called  Wednesday,  in  May  (till  by  the 
Generall  Court  some  other  time  be  ordered  and  published)  either  in 
person,  or  by  proxy,  attend  that  service:  And  according  to  their  best 
light  from  the  word  of  God,  shall  Vote  in  the  Election  of  Governour, 
Deputy  Governour,  Magistrates,  Commissioners  for  the  United  Col- 
onyes,  Treasurer,  Secretary,  Marshall,  or  any  other  Officer,  then  chosen 
for  the  Jurisdiction.  And  for  the  ease  of  the  said  Freemen  (especially 
such  as  dwell  remote)  it  is  agreed.  That  when  any  of  them  cannot 
conveniently  come,  they  may  send  their  Votes,  either  written,  or  in 
some  other  way  sealed  up  in  the  pi-eseuce  of  the  rest  of  the  Freemen 
in  the  Plantation  where  they  dwell,  or  the  greater  part  of  them.  And 
further,  if  any  of  them  purposing  to  be  present  at  the  Election,  when 
the  other  Votes  were  sealed  up,  should  after  be  hindred,  and  then 
want  opportunity  to  scale  up  his  Vote,  in  the  presence  of  the  major 
part  of  the  Freemen ;  in  such  case  he  may  scale  it  up  in  the  presence 
of  two  such  Freemen  as  knew  he  sent  no  Vote  before,  and  (upon  their 
testimony  or  Certificate)  it  shall  be  accepted,  that  so  the  liberty  of  the 
Freemen  may  be  preserved,  they  may  have  means  to  attend  their  duty, 
and  their  Votes  may  be  directed  accoi'ding  to  their  particular  light. 
And  the  said  Freemen  may  at  the  Election  Court  yearly,  choose  so 
many  Magistrates  for  the  Jurisdiction  in  each  Plantation,  as  the 
weight  of  affiiires  shall  require,  and  as  they  shall  there  find  Freemen 
fit  for  such  a  trust;  provided  that  when  any  man  of  what  Plantation 
soever,  shall  be  first  propounded  for  Magistracy  within  this  Jurisdic- 
[11]  tion,  seasonable  ||  notice  shalbe  first  given.to  all  the  Plantations, 
of  such  a  purpose,  or  desire,  that  all  the  Freemen  may  duely  consider 
or  informe  themselves,  and  that  such  as  cannot  be  present,  but  send 
their  Votes,  may  proceed  accordingly,  and  that  each  Freeman  whether 
present  or  absent,  at  the  Election,  may  the  better  improve  his  Liberty, 


568  NEW  HAVEN   COLONY  LAWS. 

It  is  Ordered,  that  he  may  give  or  send  his  Vote,  as  he  finds  cause, 
either  in  the  affirmative,  by  putting  in  an  Indian  Corne,  or  in  the 
Negative,  by  putting  in  a  Beane,  or  in  such  other  manner,  as  the 
Generall  Court  shall  iudge  more  convenient. 
Ex.  18. 21.  That  the  affaires  of  this  Jurisdiction,  may  be  the  better  carried  on, 
T,    1  -,  ■,(.    and  that  the  inhabitants  may  know  whom  to  obey,  and  from  whom  to 

Deut.  1.  16.  ,  _ V  T      ,  y  11  /^ 

17.  seek  redresse  oi  mjun-ies,  it  is  agreed,  that  there  be  severall  Courts  for 

Deut.  16. 18.  severall  purposes,  and  of  different  constitutions  and  power. 

First  a  General  Court,  which  shall  consist  of  the  Governor,  Dep- 
uty Gover:  all  the  Magistrates,  and  of  two  Deputies  for  each  Planta- 
tion in  the  Jurisdiction  (Avhere  there  is  a  Church  duely  gathered,  and 
Freemen  orderly  admitted)  which  Deputies  shall  be  chosen  either 
yearly,  or  against  the  approach  of  any  such  Generall  Court,  by  the 
Freemen  of  each  plantation,  or  the  greater  number  of  them,  and  shall 
be  sent  at  each  Generall  Court  with  full  power  (as  having  the  power 
and  Voyces  of  all  the  said  Freemen  derived  to  them)  to  consult  of, 
and  determine,  all  such  matters,  as  concerne  the  publick  welfare  of 
this  Colony,  and  with  due  Certificate  thereof,  all  which  both  Governor, 
Deputy  Governor,  Magistrates,  and  plantation  Deputies  shall  have 
Vote  in  the  said  Court. 

This  Generall  Court  and  all  the  members  thereof,  shall  from  time  to 
time  meete,  and  sitt  at  Newhaven  (unlesse  upon  weighty  cause,  The 
Major  part  of  the  Court,  see  cause  for  a  time  to  alter  the  place)  at 
least  once  every  yeare,  namely  the  last  fourth  day  in  the  weeke  com- 
monly called  Wednesday  in  May^  first  to  carry  on  the  Elections,  And 
after  to  consider  and  order,  all  such  other  affaires  of  the  Jurisdiction, 
as  fall  within  their  Cognizance,  trust,  and  power.  Beside  which  fixed 
Courts,  the  Governor,  or  in  his  absence,  The  Deputy  Governor,  and  in 
[12]  their  absence,  any  two  Magistrats  ||  of  this  Jux'isdiction,  shall 
have  power  to  Summon  a  Generall  Court,  at  any  other  time,  as  the 
urgent  and  extraoi'dinary  occasions  of  the  Jurisdiction,  or  any  part 
thereof,  may  require,  And  at  all  such  Generall  Courts,  whether  ordin- 
ary, or  extraordinary,  the  Governor,  Deputy  Governor,  Magistrates, 
with  all  the  forementioned  Deputies,  shall  sitt  together  till  the  affaires 
of  the  Jurisdiction  be  dispatched,  or  may  (as  they  conceive)  be  safely 
respited ;  And  if  any  of  the  said  Magistrats,  or  Deputies,  shall  either 
be  absent  at  the  first  sitting  of  the  said  Court,  or  without  leave  depart, 
or  disorderly  absent  him,  or  themselves  from  the  service,  before  the 
Court  be  finished  (though  the  absence  of  a  lesse  part,  either  of  Magis- 
trates, or  Deputies,  when  the  Court  is  either  fixed,  or  with  due  notice, 
called  extraordinarily,  shall  neither  stop  proceedings  nor  abate  the 
force  of  what  is  ordered,  by  the  Major  part  both  of  Magistrates,  and 
Deputies,  yet)  he,  or  they,  shall  each  of  them  pay  twenty  shillings  for 
a  fine  to  the  Jurisdiction,  for  such  absence,  or  departure;  But  if  any 
Plantation,  send  no  Deputy,  or  if  the  absence,  or  departure,  be  mingled 
with  contempt,  or  willfull  neglect,  which  may  either  hinder  the  pub- 
lick  service,  or  prove  an  ill  example,  the  fine  shall  be  increased,  as  the 
Court  upon  due  consideration  of  the  offence,  with  the  agravations, 
shall  judge  meete,  or  if  the  absence  &c.  grow  by  any  over  ruling  prov- 


NEW   HAVEN   COLONY   LAWS.  569 

idence  of  God,  The  same  is  also  duely  to  be  considered  by  the  Court, 
For  spai'ing  or  mitigating  the  fine. 

This  Court  thus  framed,  shall  first  with  all  care,  and  diligence  from        i. 
time  to  time  provide  for  the  maintenance  of  the  purity  of  Religion,  and  ^^'-  2.  lo. 
suppresse  the  contrary,  according  to  their  best  Light,  and  directions  j  ^j^^  ,  „ 
from  the  word  of  God. 

Secondly,  though  they  humbly  acknowledge,  that  the  Supreame        2. 
power  of  making  Lawes,  and  of  repealing  them,  belongs  to  God  onely, 
and  that  by  him  this  power  is  given  to  Jesus  Christ  as  Mediator,  Esay.  33.22. 
Math.  28.  19.  Joh.  5.  22.     And  that  the  Lawes  for  holinesse,  and 
Righteousnesse,  are  already  made,  and  given  us  in  the  Scriptures, 
[18]  which  in  matters  morall,  ||  or  of  morall    equity,  may  not    be 
altered  by  humane  power,  or  authority,  Moses  onely  shewed  /sroe^  I'eut.  5.  8. 
the  Lawes,  and  Statutes  of  God,  and  the  Sanedrim  the  highest  (/ourt,  ^*'"'-  ^^-  ^^• 
among  the  Jetves,  must  attend  those  Lawes.     Yet  Civill  Rulers,  and 
Courts,  and  this  Generall  Court  in  particular  (being  intrusted  by  the 
freemen  as  before)    are  the  Ministers  of  God,  for  the  good  of  the  Rom.  13. 4. 
people ;  And  have  power  to  declare,  publish,  and  establish,  for  the 
plantations  within  their  Jurisdictions,  the  Lawes  he  hath  made,  and 
to  make,  and  repeale  Oi'ders  for  smaller    matters,  not    particularly 
determined  in  Scripture,  according  to  the  more  Generall  Rules  of 
Righteousnesse,  and  while  they  stand  in  force,  to  require  due  execu- 
tion of  them. 

Thirdly  to  require  an  Oath  from  all  the  Magistrates,  Deputies,  or  3. 
Assistents  &c.  In  every  Court  of  Judicature,  for  the  faithfull  dis- 
charge of  the  trust  committed  to  them,  according  to  their  best  abilities. 
And  to  call  them  to  account  for  the  breach  of  any  Lawes  established, 
or  for  other  misdemeanours  in  their  places,  and  to  censure  them  as  the  1.  Sam.  12. 3. 
quality  of  the  offence  may  require ;  and  here  the  Vote  to  passe  as  in 
the  Law  of  Appeals. 

Fourthly,  To  impose  an  Oath  of  Fidelity  and  due  subjection  to  the        ^• 
just  Lawes  standing  in  force,  upon  all  the  Freemen,  Planters,  and o'^g^ii  4 
Inhabitants  fit  to  take  an  Oath,  with  due  penalty  for  obstinate  refusall,  "17! 
after  some  convenient  time  hath  been  given  for  due  consideration.        Ezra  7. 26. 

Fifthly,  To  order  and  appoint  such  Works  and  Fortifications  as        5. 
they  coucei\w  may  tend  to  the  better  defence  of  this  Colony ;  with 
Guns,  Ammunition,  and  all  other  provisions  and  furniture  suitable  2  Chron.  32. 
thereunto :  And  to  provide  that  the  same  be  kept  and  preserved  in  a  ^'  ^>  ^'  ^'  ^■ 
condition  fit  for  present  service,  whether  against  Indians,  or  other 
Enemies.     And  to  order  all  affairs  of  war  and  peace,  levying  of  men, 
Sfc.  with  due  respect  to  the  former  Articles  of  Confederation. 

Sixthly,  To  order  and  regulate  Trade,  both  with  Indians  and  others,         6. 
according  to  the  Rules  of  Righteousness  and  prudence,  for  the  publick  ^zek.  28.  18. 
good;  and  to  settle  and  levy  Rates,  Contributions  and  Impositions  ^°'".-^^" 
[14]  upon  all  sorts  of  persons,  ||  Lands  and  Goods,  within  this  Juris- 
diction, as  the  publick  service,  and  occasions  of  Church  or  Common- 
wealth may  from  time  to  time  require. 

Seventhly,  To  hear  and  determine  all  causes,    whether  Civil  or         '^• 
Ci'iminall,  which  by  appeal  or  complaint  shall  be  orderly  brought  unto  ^^°^'^' 
them,  either  from  any  inferiour  Court,  or  from  any  of  the  Plantations. 

72 


570  NEW   HAVEN    COLONY   LAWS. 

2  Tim.  3.16.  In  all  which,  with  what  ever  else  falls  within  their  cognizance,  trust 
or  Judicature  (as  the  highest  Court  within  this  Jurisdiction)  they  shall 
proceed  according  to  Scripture  light,  and  Lawes,  and  Orders,  agree- 
ing therewith.  And  nothing  shall  be  concluded,  and  passe  as  an  Act 
of  the  General  Court  (unlesse  in  cases  expressly  excepted)  but  by  the 
consent  and  Vote  of  the  Major  part  of  the  Magistrates,  together  with 
the  consent  and  Vote  of  the  greater  part  of  the  Deputies. 
Acts  19.  38.  Secondly  there  shall  be  a  Court,  called  the  Court  of  Magistrates 
^^'  wherein  all  the  Magistrates  for  the  Jurisdiction,  shal  meete  and  sitt  at 

New-haven,  at  least  twice  a  year;  namely,  the  Second  day  of  the 
weeke,  Commonly  called  Munday,  before  the  Court  of  Elections  in 
the  Third  Month  called  May,  and  the  third  fourth  day  in  the  weeke 
commonly  called  Wednesday,  in  the  eight  month  called  October,  to 
heare  examine  and  determine,  all  weighty  and  Capitall  causes  Civill, 
and  Criminall,  above  those  limited  to  Plantation  Courts,  And  to 
receive,  and  try  all  Appeales  duely  brought  unto  them,  from  planta- 
tion Courts,  and  to  call  all  the  Inhabitants,  Freemen,  planters,  and 
others  to  account  for  breach  of  any  Lawes,  or  Orders,  Established,  or 
for  other  misdemeanours,  and  to  censure  them,  as  the  quality  of  the 
Offence  shall  require,  in  which  meetings  of  the  Magistrates,  lesse  then 
foure  Magistrates,  shall  not  be  accounted  a  Court,  nor  shall  they  carry 
on  any  buisnesse  as  a  Court  of  Magistrates.  But  it  is  expected,  and 
,  required,  that  all,  and  every  of  the  Magistrates  for  this  Jurisdiction, 

doe  constantly  attend  the  Publick  Service;  at  every  Court  of  Magis- 
trates, whether  fixed,  or  upon  speciall  occasion  duely  Summoned, 
either  by  the  Governor,  or  in  his  absence,  by  the  Deputy  Governor, 
or  in  their  absence,  by  any  two  Magistrates  of  this  Jurisdiction, 
[15]  II  and  if  any  of  them  (having  had  due  warning)  be  absent  at  the 
first  sitting  of  any  such  Court,  or  after  Avithout  leave  depart,  or  disor- 
derly absent  himselfe  from  the  service,  before  the  Court  be  finished, 
he,  or  they  shall  pay  for  every  such  default,  twenty  shilings  fine  to 
the  Jurisdiction,  or  more  as  the  case  may  require,  unlesse  some  prov- 
idence of  God  (whereof  the  Court  of  Magistrates  shall  from  time  to 
time  judge)  did  necessarily  cause  the  same,  and  all  Sentences  in  this 
Court,  shall  passe  by  the  Vote  of  the  Ma-jor  part  of  the  Magistrates 
present,  onely  the  Governor,  and  in  his  absence  the  Deputy  Governor, 
when  Votes  in  other  respects  are  equall,  shall  in  this  Court,  and  Avhen 
they  or  either  of  them,  sitt  in  a  Plantation  Court,  have  a  casting  Voyce, 
but  from  this  Court,  appeales  and  complaints  may  be  made,  and  brought 
to  the  Generall  Court,  the  Plaintiff"  in  point  of  security,  first  duely 
attending  the  Law  of  Appeales. 

Thirdly  beside  the  Generall  Court,  and  Court  of  Magistrates,  for 
the  ease  of  the  Inhabitants,  there  shall  be  Plantation  Courts,  to  heare 
and  determine  inferiour  causes,  which  Courts  may  be  of  two  sorts, 
namely  in  every  Plantation  within  this  Jurisdiction,  where  there  is  a 
Magistrate,  one,  or  more,  the  Fj;eemen  from  among  themselves,  shall 
choose  at  least  two  Deputies,  but  three  or  lower  if  they  see  cause,  to 
assist  the  Magistrate,  or  Magistrates,  and  in  such  Courts  they  may  try 
any  Civill  cause  betwixt  party  and  party,  in  valew  not  exceeding 
twenty  Pounds,  and  any  Criminall  cause,  when  the  punishment  by 


NEW   HAVEN   COLONY  LAWS.  671 

Scripture  Light,  exceeds  not  stocking,  and  whipping,  and  if  the  fine 
be  pecuniary,  when  the  fine  exceeds  not  five  Pounds,  and  in  all  such 
Courts,  the  Sentance  shall  passe  according  to  the  Vote  of  the  Major 
part  of  the  Court,  onelj  when  Votes  in  their  number  are  equall,  the 
casting  Voyce  shall  be  in  the  Governor,  or  Deputy  Governor,  or 
Magistrates  present.  But  to  expedite  justice  with  as  little  inconven- 
ience as  may  be  to  Magistrates  more  remote,  it  is  agreed,  and  Ordered, 
that  any  such  Plantation  Court,  calling  in  two  other  Magistrals,  from 
any  other  neighbouring  Plantation,  or  Plantations,  within  this  Juris- 
diction, may  try  any  civill  cause,  though  of  the  highest  Valew,  and  any 
Criminall  cause,  provided  it  be  not  Capitall,  extending  to  the  life  of 
the  Otfendor,  but  in  such  Plantations,  if  the  Magistrate  upon  any  occa- 
sion be  absent,  the  Deputies  alone  have  no  such  power  of  Judicature, 
[16]  onely  to  prevent  ||  inconveniences,  they  may  order  the  Marshall 
to  stay  any  Malefactor  or  suspitious  person,  or  seize,  or  stop  the  estate 
of  any  man,  or  part  of  it,  upon  case  shewn,  when  the  case  will  not 
admit  delay,  till  the  Magistrate  come  home,  provided  that  sufficient 
security  be  taken  of  him,  or  them,  causing  such  stay  or  seizure,  to 
pay  just  damages,  if  the  proceedings  prove  unwarantable,  and  in  case 
of  remove,  or  death  of  such  Magistrate,  the  Deputies  fall  in  with 
other  Plantations,  where  there  is  no  Magistrate,  till  further  Order  be 
taken,  and  in  such  Plantations  Deputies  being  Chosen,  either  by  the 
Generall  Court,  or  with  their  allowance,  by  the  freemen  from  among 
themselves,  they  may  keepe  Courts  ito  issue  smaller  causes,  and  to 
order  other  affaires,  in  all  respects,  as  the  General  Court  shall  from 
time  to  time  appoint  and  limit,  but  from  all  these  Courts,  and  in  all 
tryals,  and  proceedings  in  them.  Appeals  and  complaints  may  be 
brought  to  the  Court  of  Magistrates,  the  Plaintiff  putting  in  security, 
according  to  the  Law  of  Appeales, 

These  Generalls  were  at  first  laid,  as  a  foundation  for  Government, 
though  it  was  foreseene,  and  agreed,  that  the  Circumstantialls  therein, 
such  as  the  Ordinary,  and  fixed  times  both  for  Elections,  and  for  the 
meeting  of  the  Generall  Court,  and  Court  of  Magistrates,  how  oft,  and 
when  they  shall  sit,  the  fines  for  absence,  or  disorderly  departing,  and 
the  Valew  of  causes  to  be  tryed  in  Plantation  Courts,  with  other  par- 
ticulars in  their  proceedings  might  after  be  further  considered,  con- 
tinued or  altered,  as  may  best  suite  the  course  of  justice,  and  the  con- 
veniency  of  the  Plantations. 

Certaine  Lawes,  Liberties,  and  Orders,  made,  granted,  and  estab- 
lished, at  severall  times,  by  the  Generall  Court  of  New-haven  Col- 
ony, for  and  to  the  Inhabitants  of  that  Jurisdiction,  now  Collected, 
and  further  Published,  for  the  use  of  such  as  are  concerned  in 
them,  wherein  they  have  made  use  of  the  Lawes  published  by  the 
Honourable  Colony  of  the  Massachusets. 

IT  is  Ordered  by  this  Court,  and  the  Authority  thereof,  that  no  mans 
life,  shall  be  taken  away,  no  mans  honour,  or  good  name,  shall  be 
stained,  no  mans  person  shall  be  imprisoned,  banished,  or  otherwise 
punished,  no  man  shall  be  deprived  of  his  wife,  or  children,  no  mans 


Acts  25. 9 
to  13. 


572  NEW   HAVEN   COLONY  LAWS. 

goods,  or  estate  shall  be  taken  from  him,  under  colour  of  Law,  or 
[17]  Countenance  of  Authority,  unlesse  it  be  by  vertue,  ||  or  equity  of 
some  expresse  Law  of  this  Jurisdiction,  established  by  the  Generall 
Court,  and  sufficiently  published,  or  for  want  of  a  Law  in  any  partic- 
ular case,  by  the  word  of  God,  either  in  the  Court  of  Magistrates,  or 
some  Plantation  Court,  according  to  the  weight  and  valew  of  the 
cause,  onely  all  Capitall  causes,  concerning  life  or  banishment  where 
there  is  no  expresse  Law,  shall  be  judged  according  to  the  word  and 
Law  of  God,  by  the  Generall  Court. 

That  no  man  shall  be  put  to  death,  for  any  offence,  or  misdemeanour 
in  any  case,  without  the  testimony  of  two  witnesses  at  least,  or  that 
which  is  Equivalent  thereunto,  provided,  and  to  prevent,  or  suppresse 
much  inconvenience,  which  may  grow,  either  to  the  publick,  or  to  pa;r- 
ticular  Persons,  by  a  mistake  herein,  it  is  Ordered,  and  declared,  by 
the  Authority  aforesaid,  that  two,  or  three  single  witnesses,  being  of 
competent  age,  of  sound  understanding,  and  of  good  Reputation,  and 
witnessing  to  the  case  in  question  (whither  it  concerne  the  publick 
peace,  and  welfare,  or  any  one,  and  the  same  particular  person)  shall 
be  accounted  (the  party  concerned,  having  no  just  exception  against 
them)  sufficient  proofe,  though  they  did  not  together  see,  or  heare,  and 
so  witnesse  to  the  same  individuall,  and  particular  Act,  in  reference 
to  those  circumstances  of  time,  and  place. 

Actions. 

IT  is  ordered  by  this  Court  and  the  Authority  thereof,  that  every 
person  impleading  another,  in  the  Court  of  Magistrates,  or  in  any 
Plantation  Court,  when  the  debt  or  damage  he  demands,  or  the  action 
he  layeth,  is  above  twenty  pounds,  so  that  it  cannot  be  tryed  by  a 
Plantation  Court,  unless  two  Magistrates  of  some  other  Plantation, 
be  called  in  to  assist,  he  shall  pay  the  sum  of  ten  shillings,  before  his 
case  be  entred,  or  any  part  of  it  heard,  unlesse  the  Court  see  cause 
to  admit  the  Plaintiff  to  sue,  in  forma  pauperis.  But  in  all  Actions, 
brought  to  any  Court,  the  Plaintiff  shall  have  Liberty  to  withdraw 
his  action,  or  to  be  non  suited,  before  Sentence  passe,  in  which  case, 
he  shall  alwayes  pay  full  cost  and  chai'ges  to  the  defendent,  and  may 
after  renew  his  Suite  at  another  Court. 

Age. 
It  is  Ordered,  S^c.  that  the  age  for  passing  away  of  Lands,  or 
such  kinds  of  Hereditaments,  or  ingagements  of  like  nature,  as  for 
[18]  II  giving  of  Votes,  passing  Sentences  in  publick  meetings.  Civil 
Courts,  or  Causes,  shall  be  at  least  twenty  and  one  years,  but  in  cases 
admitting  the  choyce  of  Guardians,  any  age  above  fourteen  may  be 
sufficient. 

Appeales. 
It  is  Ordered,  S^c.  That  if  any^man  cast,  or  sentenced  in  his  Cause, 
be  unsatisfied  with  the  proceedings  and  issue,  it  shall  be  in  his  liberty 
(the  cause  not  being  criminall)  to  make  his  Appeal  from  any  Planta- 
tion Court,  to  the  Court  of  Magistrates ;  and  in  like  case,  from  the 
Court  of  Magistrates,  to  the  General  Court.     But  in  such  case,  when 


NEW   HAVEN   COLONY  LAWS.  573 

the  Magistrates,  or  some  of  them,  have  already  exprest  themselves, 
to  prevent  dilFerence  and  inconvenience,  it  is  Ordered,  That  the  major 
part  of  the  General  Court,  consisting  of  Magistrates  and  Deputies, 
taken  joyntly  shall  issue  it.  But  to  prevent,  or  provide  against 
unnecessary  trouble  to  Courts,  charge  to  the  .Jurisdiction,  and  otlier 
inconveniencies  which  may  follow,  if  the  course  of  Justice  be  delayed, 
or  evaded,  it  is  further  Ordered,  That  whosoever  shall  so  Appeal,  doe 
tender  his  Appeal,  and  put  in  sufficient  security  before  the  Judges  of 
the  Court,  from  which  he  Appeales,  the  Secretary  or  other  person,  or 
persons  Authorized  to  admit  Appeals,  effectually  by  himself,  his 
Deputy  or  Attorney  to  prosecute  his  Appeal,  at  the  next  usuall  fixed 
time  of  that  Courts  sitting,  to  which  the  Appeale  is  made ;  and 
to  observe,  perform,  and  pay  to  the  Defendant,  as  shall  be  there 
adjudged ;  but  every  such  Appeal  shall  be  entred,  and  security  as 
before  put  in,  within  three  dayes  after  sentence  in  the  cause  was  given, 
and  the  same  at  the  charge  of  the  party  appealing,  to  be  recorded, 
and  certified  to  the  Court,  unto  which  the  Appeale  is  made.  And 
lastly,  it  is  Ordered,  that  if  in  the  review  it  appear,  the  Plaintiff  had 
no  cause  to  Appeale,  Petition,  or  complain,  he  shall  pay  such  further  exo.  22. 
charge,  as  the  Court  shall  judge  hath  been  expended  in  their  sitting 
to  re-examine  his  cause,  that  no  unnecessary  charge  fall  upon  the 
Colony. 

Appearance.  Non-appearance. 
It  is  Ordered,  S^c.  That  no  man  shall  be  punished  for  not  appearing 
at  or  before  any  Civil  Assembly,  Court,  Magistrate,  or  Officer,  nor 
for  omission  of  any  Office  or  service,  to  be  performed  in  his  own  per- 
son only,  if  he  shall  be  necessarily  hindred  by  any  apparent  provi- 
[19]  dence  of  God,  which  he  could  neither  foresee,  ||  nor  avoid,  and 
by  giving  or  sending  notice,  hath  done  what  was  in  his  power.  Pro- 
vided, That  this  Law  shall  not  prejudice  any  pei'son  of  his  just  cost 
and  damage,  in  any  civil  action. 

Arrests,  see  Imprisonment. 
Attachments.  See  further  in  the  Title  Distresse. 
It  is  Ordered,  Sfc.  That  no  Attachment  shall  be  granted  in  any  civil 
action  to  any  Forraigner,  against  a  setled  Inhabitant  of  this  Jurisdic- 
tion, before  he  hath  given  sufficient  security,  or  caution,  duly  to  prose- 
cute his  Action,  and  to  answer  the  Defendant  such  costs  and  damages, 
as  the  Court  shall  award.  And  it  is  further  Ordered,  That  in  all 
Attachments  of  Goods  and  Chattels,  of  Lands  or  Hereditaments, 
whether  by  Forraigners,  or  setled  Inhabitants,  legall  notice  shall  be 
given  to  the  party  concerned,  or  left  in  writing  at  his  house,  or  place 
of  usuall  abode,  before  the  suit  proceed  ;  but  if  he  be  out  of  the  Juris- 
diction, the  cause  shall  proceed  to  tryall,  but  Judgement  shall  not  be 
entred  till  another  Court  at  least  a  month  after.  And  if  the  Defend- 
ant doe  not  then  appear,  .Judgement  shall  be  entred,  but  execution 
shall  not  be  granted  before  the  Plaintiff  hath  given  sufficient  security 
to  be  responsall  to  the  Defendant,  if  he  shall  reverse  the  Judgement 
within  one  year,  or  such  further  time  as  the  Court  shall  see  cause  to 
Order. 


574  NEW   HAVEN   COLONY  LAWS. 

Bakers. 

IT  is  Ordered,  S^e.  That  every  person  within  this  Jurisdiction,  who 
shall  bake  Bread  for  sale,  shall  have  a  distinct  mark  for  his  Bread, 
and  keep  the  true  assizes  hereafter  expressed  and  appointed. 

When    Wheat   is  ordinarily  sold   by  the  bushell,  at  the  severall 
Rates  hereafter  mentioned,  the  penny  white  loaf,  penny  wheaten  loaf, 
and  penny  houshold  loaf  shall  weigh  severally  and  respectively  by 
aver  dupoyse  weight  as  folio  wet  h. 
s.  d.  the  When  the  bushell  of  wheat  is 

at  3  0  penny  white  loaf  11^  ounces,  wheaten  17^  ounces,  houshold  23     ounces. 
at  3   6  penny  white  loaf  10^  ounces,  wheaten  15^  ounces,  houshold  20|  ounces. 
at  4  0  penny  white  loaf    9|  ounces,  wheaten  14    ounces,  houshold  18^  ounces. 
at  4  6  penny  white  loaf   Sy  ounces,  loheaten  12|  ounces,  houshold  16^  ounces. 
at  5  0  penny  white  loaf   1\  ounces,  wheaten  11|  ounces,  houshold  15^  ounces. 
at  5   %  penny  white  loaf    7    ounces,  xcheaten  \^\  ounces,  houshold  \^\  ounces. 
at  6  0  penny  white  loaf    6|  ounces,  wheaten  10    ounces,  houshold  13    ounces. 
at  6   6  penny  white  loaf    6    ounces,  wheaten    9^  ounces,  houshold  12^  ounces. 
[20]   II  And  so  proportionably  under  the  penalty  of  forfeiting  all  such 
Bread,  as  shall  not  answer  the  forementioned  severall  Assizes.     And 
for  the  better  execution  of  this  Order  there  shalbe  in  every  Planta- 
tion, as  occasion  may  require,  an  Officer  yearly  chosen,  who  shal  be 
sworn  at  the  next  Plantation  Court,  or  by  the  next  Magistrate,  or 
Officer  for  taking  Oaths,  vmto  the  faithfull  dischai'ge  of  his  Office,  who 
is  hereby  authorized  to  enter  into  any  house,  either  with  the  Consta- 
ble, or  Marshall,  or  without,  where  he  understands  that  any  Bread  is 
^^'     •     ■   baked  for  sale,  and  to  weigh  such  Bread,  as  often  as  he  seeth  cause: 
&  2o!  lb.    ^ii<5  after  once  notice,  or  warning,  to  seize  all  such  bread  as  he  find- 
Deu.  25. 15.   eth  defective  in  weight,  or  not  marked  according  to  this  Order.     And 
Am.  8.  5.  6.   all  such  forfeitures  shall  be  divided,  one  third  part  to  the  Officer  for 
his  care  and  paines,  and  the  rest  to  the  poor  of  the  place. 

Ballast. 
It  is  Ordered,  S^c.  That  no  Ballast  shall  be  cast  out  of  any  Ship  or 
othep  Vessel  in  the  Channel,  or  other  place  inconvenient,  in  any  Har- 
bour within  this  Jurisdiction,  under  the  penalty  of  ten  pounds  to  be 
levied  upon  the  Owners,  Mariners,  Seamen,  or  others  offijnding,  to 
the  use  of  the  said  Plantation.  The  ship  or  vessel  to  be  stayed  till 
payment  be  made. 

Barratry. 
It  is  Ordered,  8^c.  That  if  any  person  be  proved,  and  judged  a  com 
Pro.  6. 19.     mon  Barrater,  vexing  others  with  unjust,  frequent,  and  troublesome 
suites,  it  shall  be  in  the  power  of  any  Court,  both  to  reject  his  cause, 
and  to  punish  him  for  his  Bai-ratry. 

Bills  and  Specialties. 
It  is  Ordered,  ^c.  That  any  de>t,  or  debts,  due  upon  Bill,  or  other 
specialty,  being  duly  assigned  to  another,  shall  be  as  good  a  debt,  and 
estate  to  the  Assignee,  as  it  was,  or  could  be,  to  the  Assigner.  And 
that  it  shall  be  lawfull  for  the  said  Assignee  to  sue  for,  and  recover 
the  said  debt,  due  upon  Bill,  or  other  Specialty,  and  so  assigned,  as 


16.  28. 
.21. 


NEW   HAVEN   COLONY  LAWS.  575 

fully  as  the  Original  Creditor  might  have  done.  Provided  the 
Assignation  be  either  made  upon  the  back  of  the  Specialty,  or  to  the 
Court  some  other  way  cleared,  that  future  questions  may  be  stopped, 
or  duly  answered. 

Burglary,  and  Theft. 

It  is  Ordered,  Sj-c.  That  if  any  person  shall  commit  Burglary,  or 
break  up  any  dwelling-house,  or  any  thing  equilant,  or  rob  any 
[21]  II  person  by  force,  or  by  using  any  threatning  gestures,  or  other 
actions,  in  the  fields,  high-wayes,  .or  other  place,  the  party  so  offend- 
ing, shall  for  the  first  otience  (beside  such  restitution  and  damage  as 
the  Court  to  which  the  cognizance  belongs,  shall  see  cause  to  order)  Zech.  13.  6. 
be  branded  on  the  right  hand  with  the  Letter  (B)  if  he  shall  offend  in  •'"'^s- 18-  7. 
the  like  kind  a  second  time  (beside  restitution  and  damage)  he  shall 
be  branded  on  the  left  hand,  and  also  be  severely  whipt ;  and  if  he  fall 
into  the  like  offence  the  third  time,  (beside  restitution  and  damage  out 
of  his  estate)  he  shall  be  put  to  death  as  incorrigible.  And  if  any 
person  shall  commit  such  Bui'glary,  or  so  rob  in  any  place  on  the 
Lords  day,  he  shall  (beside  restitution  and  damage)  for  the  first  offence, 
be  burnt  on  the  right  hand,  as  before,  and  severely  whipt ;  for  the 
second  offence,  he  shall  be  burnt  on  the  left  hand,  stand  on  the  Pillory, 
be  severely  whipt,  and  wear  a  halter  in  the  day  time  constantly  and 
visibly  about  his  neck,  as  a  mark  of  infamy,  till  the  Court  of  Magis- 
trates see  cause  to  release  him  from  it ;  but  if  he  fall  into  the  same 
offence  the  third  time,  he  shall  be  put  to  death  as  incori-igibly  unright-  Numb.  15. 
eous,  and  presumptuously  profane. 

And  to  prevent  or  suppresse  other  thefts,  and  pilfrings,  it  is 
Ordered,  That  if  any  person  shall  be  taken,  or  proved  to  have  stoUen, 
assisted,  or  any  way  have  been  accessary  to  the  stealing  of  any  Cattel 
of  what  sort  soever,  or  Swine,  he  shall  by  way  of  forfeit  make  such 
restitution  to  the  owner,  as  the  Court  considering  all  circumstances,  ex.  22. 1. 
shall  judge  most  agreeable  to  the  word  of  God.  And  if  any  person  '°  S- 
shall  be  proved  to  have  stollen  any  Goods  of  what  sort  soever,  out  of 
any  mans  dwelling-house.  Warehouse,  Barn,  or  other  Outhouse,  or 
left  out  in  Court,  Yard,  Garden,  Orchard,  High-way,  from  the  Water- 
side, or  out  of  any  Boat  or  Vessel,  or  other  place,  or  to  have  robbed 
any  Garden,  or  ()rcliard,  or  stollen,  or  hurt,  any  grafts,  or  fruit-trees, 
or  fruit,  he  shall  forfeit  and  pay  double  damages  to  the  owner,  beside 
such  further  fine  and  punishmertt,  as  the  Court  considering  all  aggra- 
vating circumstances  of  time,  manner  S^c.  shall  judge  meet.  If  tiie 
thief  in  any  part  of  the  premisses  be  not  able  to  make  restitution  (if 
the  case  require  it)  he  is  to  be  sold  for  a  servant,  till  by  his  labour  he  Ex.  22.  3. 
may  make  due  restitution.  And  if  any  Children,  or  Servants,  who 
cannot  pay  for  themselves,  shall  transgresse,  and  trespasse  in  any  part 
[22]  of  the  premisses,  if  their  Parents  or  Masters  ||  will  not  pay  the 
penalty  for  them,  they  shall  be  publickly  whipt,  or  further  proceeded 
against  as  the  case  may  require,  and  all  Servants,  and  workemen,imbez- 
eling  pilfring  or  stealing  the  goods  of  their  Masters,  or  such  as  set  them 
on  worke,  shall  make  such  Restitution,  a,nd  be  liable  to  all  Lawes  and 
penalties  as  other  men,  and  if  any  person  shall  be  proved  to  pilfer  or 


676  NEW   HAVEN   COLONY  LAWS. 

steale  a  second  or  third  time,  his  punishment  shall  be  increased  by 
whiping  or  otherwise,  as  the  Court  shall  see  cause. 

And  forasmuch  as  small .  thefts,  trespasses,  or  other  offences  of  a 
Criminall  nature,  are  sometimes  committed  by  the  English  or  others 
in  Townes  or  places  remote  from  Prisons,  or  it  may  prove  inconven- 
ient to  defer  the  Tryall,  or  to  make  stay  of  the  persons  offending,  or 
hard  to  get  security  for  appearance  at  a  Court,  it  is  therefore  Ordered, 
that  any  Magistrate,  or  Deputy  intrusted  to  assist  in  Judicature,  call- 
ing in  such  other  help  as  the  place  affords  for  a  Plantation  Court 
(which  help  is  hereby  required  to  attend  the  service  upon  due  warn- 
ing) may  upon  complaint  brought  to  him,  when  the  case  so  requires, 
with  the  first  conveniency,  heare,  and  upon  due  proofe  determine  any 
such  offence  (the  valew  whereof  either  in  point  of  line,  damage,  or 
other  punishment  exceeds  not  the  limits  of  that  Plantation  Court, 
according  to  the  Lawes  here  established)  and  may  give  warrant  to 
the  Marshall,  or  other  Officer,  for  answerable  execution,  but  if  the 
offendor  refuse  to  pay  or  have  nothing  to  satisfie,  the  Magistrate,  or 
Deputy  with  the  help  aforesaid,  may  punish  by  stocking,  whiping,  or 
otherwise ;  according  to  the  nature  of  the  offence,  and  import  of  this 
Law. 

Gapitall  Lawes. 

IT  is  Ordered,  ^c.  That  if  any  person  after  legall,  or  other  due  con- 
viction, shall  have,  or  worship  any  other  God,  but  the  Lord  God, 
he  shall  be  put  to  death,  Exod.  22.  20.  Deut.  13.  6.  10.  Deut.  17.  2, 
3,  4,  5,  6. 

If  any  person  be  a  Witch,  he  or  she  shall  be  put  to  death,  accord- 
ing to  Exod.  22.  18.  Levit.  20.  27.  Deut.  18.  10,  11. 

If  any  person  within  this  Jurisdiction,  professing  the  true  God,  shall 
wittingly  and  willingly  presume  to  blaspheme  the  holy  name  of  God, 
Father,  Son,  or  Holy  Ghost,  with  direct,  expresse,  presumptuous,  or 
high-handed  blasphemy,  either  by  willfuU  or  obstinate  denying  the 
[23]  true  God,  or  his  Creation,  or  Government  of  1|  the  world,  or  shall 
curse  God,  father.  Son,  or  Holy  ghost,  or  reproach  the  holy  Religion 
of  God,  as  if  it  were  but  a  politick  device  to  keep  ignorant  men  in 
awe ;  or  shall  utter  any  other  kind  of  blasphemy  of  like  nature,  and 
degree,  such  person  shall  be  put  to  death.     Lev.  24.  15,  16. 

If  any  person  shall  commit  any  wilfuU  murder,  if  he  shall  kill  any 
man,  woman  or  child,  upon  premeditated  malice,  hatred,  or  cruelty 
(not  in  a  way  of  necessary  and  just  defence,  nor  by  meer  casualty 
against  his  will)  he  shall  be  put  to  death.  Exod.  21.  12,  13.  Numb. 
35.  31. 

If  any  person  slayeth  another  suddenly  in  anger,  or  cruelty  of  pas- 
sion, he  shall  be  put  to  death,  Levit.  24.  17.  Numb.  35.  16,  17,  18, 
19,20,21. 

If  any  person  come  presumptuosly  to  slay  another  with  guile, 
whether  by  any  kinde  of  force,  -Poyson,  or  other  wicked  practice, 
every  such  person  shall  be  put  to  Death.  Exod.  21.  14.  Agreeing 
with  Deut.  19.  19.     By  parity  of  Reason. 

If  any  man  or  woman,  shall  lye  with  any  beast,  or  bruite  creature 


NEW   HAVEN   COLONY  LAWS.  577 

by  carnall  Copulation,  lie,  or  she,  shall  surely  be  put  to  death,  and  the 
beast  shall  be  slaine,  buried,  and  not  eaten.     Levit.  20.  15,  16. 

If  any  man  lyeth  with  mankinde,  as  a  man  lyeth  with  a  woman, 
both  of  them  have  Committed  abomination,  they  both  shall  surely  be 
put  to  death.  Levit.  20.  13.  And  if  any  woman  change  the  naturall 
use,  into  that  which  is  against  nature,  as  Rom.  1.  26.  she  shall  be 
liable  to  the  same  Sentence,  and  punishment,  or  if  any  person,  or  per- 
sons, shall  Commit  any  other  kinde  of  unnaturall  and  shamefull  filthi- 
nes,  called  in  Scripture  the  going  after  strange  flesh,  or  other  flesh 
then  God  alloweth,  by  carnall  knowledge  of  another  vessel  then  God 
in  nature  hath  appointed  to  become  one  flesh,  whether  it  be  by  abusing 
the  contrary  part  of  a  grown  woman,  or  Child  of  either  sex,  or  unripe  Jude  7. 
vessel  of  a  Girle,  wherein  the  naturall  use  of  the  woman  is  left, 
which  God  hath  ordained  for  the  propagation  of  posterity,  and  Sodo- 
miticall  filthinesse  (tending  to  flie  destruction  of  the  race  of  mankind) 
is  committed  by  a  kind  of  Rape,  nature  being  forced,  though  the  will 
were  inticed,  every  such  person  shall  be  put  to  death.  Or  if  any  man 
shall  act  upon  himself,  and  in  the  sight  of  others  spill  his  owne  seed, 
[24]  by  example,  or  counsel,  or  both,  corrupting  or  tempting  ||  others  Gen.  38.  y. 
to  doe  the  like,  which  tends  to  the  sin  of  Sodomy,  if  it  be  not  one  kind 
of  it ;  or  shall  defile,  or  corrupt  himself  and  others,  by  any  other  kind 
of  sinfull  filthinesse,  he  shall  be  punished  according  to  the  nature  of 
the  offence ;  or  if  the  case  considered  with  the  aggravating  circum- 
stances, shall  according  to  the  mind  of  God  revealed  in  his  word 
require  it,  he  shall  be  put  to  death,  as  the  Court  of  Magistrates  shall 
determine.*  Provided  that  if  in  any  of  the  former  cases,  one  of  the 
parties  were  forced,  and  so  abused  against  his  or  her  will,  the  innocent  !'.*'"*■  2^- 
person  (crying  out,  or  in  due  season  complaining)  shall  not  be  pun- 
ished, or  if  any  of  the  otfending  parties  were  under  fourteen  year  old, 
when  the  sin  was  committed,  such  person  shall  onely  be  severely  cor- 
rected, as  the  Court  of  Magistrates  considering  the  age,  and  other 
circumstances,  shall  judge  meet. 

If  any  man  married,  or  single,  commit  Adultery  with  a  marryed  or 
espoused  wife,  the  Adulterer  and  Adulteresse  shall  surely  be  put  to 
death.!     Lev.  18.  20.     Lev.  20.  10.     JJeut.  22.  23,  24. 

If  any  person  steale  a  man,  or  mankind,  that  person  shall  surely 
be  put  to  death,  Exod.  21.  16. 

If  any  person  rise  up  by  false  witnesse,  wittingly  and  of  purpose  to 
take  away  any  mans  life,  that  person  shall  be  put  to  death.  Deut. 
19.  16,  18,  19. 

If  any  person  shall  conspire,  and  attempt  any  invasion,  insurrection, 
or  publick  Rebellion  against  this  Jurisdiction,  or  shall  endeavour  to 
surprize,  or  seize  any  Plantation,  or  Town,  any  Fortification,  Plat- 
form, or  any  great  Guns,  provided  for  the  defence  of  the  Jurisdiction, 
or  any  Plantation  therein;  or  shall  treacherously  and  perfidiously 
attempt  the  alteration  and  subversion  of  the  frame  of  policy,  or  funda- 


*  Occasioned  by  W.  Plaiues  case,  in  1646.  see  Winthrop,  ii.  265. 
t  From  tlie  New  Haven  Town  Eec.  ii.  p.  23,  we  learn  incidentally  that  in  the  latter 
part  of  May,  or  beginning  of  June,  1650,  there  was  one  executed  for  adultery. 

73 


578  NEW  HAVEN  COLONY  LAWS. 

mentall  Government  laid,  and  setled  for  this  Jurisdiction,  lie  or  they 
Rom. .-.  32.  shall  be  put  to  death.  Num.  16.  2  Sam.  18.  2  Sam.  20.  Or  if 
any  person  shall  consent  unto  any  such  mischievous  practice,  or  by 
the  space  of  foure  and  twenty  houres  conceale  it,  not  giving  notice 
thereof  to  some  Magistrate,  if  there  be  any  Magistrate  in  the  Planta- 
tion, or  place  where  he  liveth,  or  if  none,  to  some  Deputy  for  the 
Jurisdiction,  or  to  the  Constable  of  the  place,  that  the  publick  safety 
may  be  seasonably  provided  for,  he  shall  be  put  to  death,  or  severely 
punished,  as  the  Court  of  Magistrates  weighing  all  circumstances 
shall  determine. 

[25]  II  If  any  Child,  or  Children,  above  sixteen  year  old,  and  of  com- 
petent understanding,  shall  curse,  or  smite,  his,  her,  or  their  naturall 
father,  or  mother,  each  such  Child  shall  be  put  to  death,  Exod.  21.  17. 
Levit.  20.  9.  Exod.  21.  15.  unlesse  it  be  proved,  that  the  Parents 
have  been  very  unchristianly  negligent  in  the  education  of  such  Child, 
or  Children,  or  so  provoked  them  by  extream  and  cruell  cori'ection, 
or  usage.  That  they  have  been  urged  or  forced  thereunto,  to  preserve 
themselves  from  death  or  maiming. 

If  any  man  have  a  stubborn  Rebellious  Son,  of  sufficient  Age  and 
understanding,  namely  sixteen  year  old,  or  upward,  which  will  not 
obey  the  voyce  of  his  father,  or  the  voyce  of  his  mother,  and  that 
when  they  have  chastned  him,  will  not  hearken  unto  them,  then  shall 
his  father  and  his  mother  (being  his  naturall  Parents)  lay  hold  on 
him,  and  bring  him  to  the  Magistrates  assembled  in  Court,  and  testifie 
unto  them,  that  their  Son  is  stubborn  and  rebellious,  and  will  not  obey 
their  voyce  and  chastisement,  but  lives  in  sundry  notorious  crimes ; 
such  a  Son  shall  be  put  to  death,  Deut.  21.  18,  19,  20,  21. 

If  any  man  shall  ravish  any  maid,  or  single  woinan,  who  is  above  the 
age  of  ten  years,  committing  carnall  copulation  with  her  by  force, 
against  her  own  will,  he  shall  be  severely  and  grievously  punished,  as 
the  Court  of  Magistrates  considering  all  circumstances  shall  deter- 
mine. 

Caske  and  Cooper. 
Deut.  25. 15.  It  is  Ordered,  ^c.  That  all  Cask,  whether  Pipes  Hogsheads,  Bar- 
Mic.  6. 10.  i-elsj  quarter  Cask,  or  other  sorts  used  in  Trade,  whether  for  any 
Liquor,  Fish,  Pork,  Beef,  or  other  Commodity  put  to  sale,  shall  be  of 
London  Assize.  And  that  in  each  Plantation  witliin  this  Jurisdic- 
tion, where  Cask  is  made  or  used  for  Trade,  the  Plantation  Court,  or 
the  Constable,  with  the  present  or  last  Deputies  for  the  Generall 
Court,  where  there  is  no  Plantation  Court,  shall  from  time  to  time 
appoint  some  fit  person,  or  persons,  to  view  and  gage  all  such  Vessel 
or  Cask:  and  such  as  shall  be  found  of  due  Assize  and  made  of  sound, 
and  well  seasoned  stuffe,  (and  none  but  such  shall  be  marked  with  the 
Gagers  mark)  who  shall  have  for  his  paines  eight  pence  for  every 
Tun,  and  proporlionably  for  wha^e  so  marketh.  And  every  Cooper 
shall  have,  and  set  a  distinct  brand-mark  of  his  own,  upon  each  Cask, 
[26]  upon  II  paine  of  forfeiting  after  the  rate  of  twenty  shillings  a 
Tun,  for  what  he  sells,  either  without  the  Gagers  mark,  or  not  marked 
with  his  own  constant  brand  mark. 


NEW  HAVEN  COLONY  LAWS. 


579 


Cattell,  Corn,  Fields,  Fences. 
To  prevent,  or  remedy  much  inconvenience,  and  many  differences 
which  may  grow  about  Fencing,  Planting,  Sowing,  Feeding,  and 
improving  of  common  fiekls,  inclosed  for  Corn,  or  other  necessary 
use,  it  is  ordered.  That  every  person  interessed  in  any  such  field  shall 
from  time  to  time,  make  and  keep  his  part  of  the  Fence,  sufficiently 
strong  and  in  constant  repaire,  according  to  all  Orders  in  force  in 
each  Plantation,  to  secure  the  Corn,  and  other  fruits  therein.  And 
shall  not  put,  cause,  or  permit  any  Cattel  to  be  put  in,  so  long  as  any 
Corn,  or  other  fruit  shall  be  growing,  or  remain  upon  any  part  of  the 
Land  so  inclosed.  Unlesse  by  some  generall  expresse  agreement  of 
such  as  are  interessed.  And  if  at  any  time  the  owners  or  occupiers 
of  any  such  inclosed  Land  cannot,  or  doe  not  agree,  in  any  part  of  the 
premises.  It  is  Ordered,  That  upon  due  and  seasonable  notice  given  to 
the  select  men  or  Towns  men,  appointed  for  prudentiall  affaires,  proper 
to  their  care  and  trust,  by  any  concerned,  and  unsatisfied,  they  shall 
appoint  a  convenient  time  to  hear  and  order  such  differences,  and  settle 
a  due  way  of  fencing,  improving,  and  pi-eserving  such  fields,  and  the 
fruits  of  them.  And  whosoever  shall  oppose  or  transgresse,  shall  be 
liable  to  all  damages  proved  to  grow  thereby,  and  to  such  further  fine 
for  breach  of  Order,  as  the  Plantation  Court,  or  Authority  there  set- 
led  for  such  purposes,  shall  judge  meet.  But  in  any  Plantation, 
whei'e  there  are  yet  no  such  select,  or  Towns  men,  the  Freemen  from 
among  themselves,  shall  yearly  choose  a  convenient  number  to  order 
such  occasions,  that  peace  and  righteousnesse  may  be  the  better  pre- 
served therein.  And  these  select,  or  Towns  men,  shall  from  year  to 
year  appoint  one,  two,  or  more,  of  the  Planters,  for  all  or  each  com- 
mon field,  belonging  to  the  Plantation  where  they  dwell,  to  view  the 
common  Fences  within  their  trust  and  to  take  due  notice  of  the  reall 
defects  and  insufficiency  thereof,  and  shall  forthwith  acquaint  the 
owners  with  the  same.  And  if  the  said  owners  or  occupiers  doe  not 
at  furthest  within  six  working  dayes,  or  sooner  if  the  said  select  men 
see  cause,  and  so  appoint,  sufficiently  repaire,  or  cause  the  same  to  be 
[27]  repaired,  he,  or  they,  shall  forthwith  upon  the  1|  demand  of  the 
appointed  Viewer  or  Viewers  (beside  other  just  damages)  pay  as  a 
fine  to  the  Plantation,  twelve  pence  for  every  Rod  (if  there  be  a  con- 
siderable quantity  of  such  defective  Fence  together)  or  for  every  single 
defect,  in  such  faulty  Fence,  or  the  said  Viewer  or  Viewers,  taking 
due  witnesse  of  the  defects,  may  if  it  suite  their  conveniency  forth- 
with repaire  or  renew  them,  or  cause  them  to  be  repaired  or  renewed, 
and  shall  have  double  recompence  for  the  same,  to  be  paid  (beside 
other  just  damages)  by  the  owners,  or  occupiers  of  the  said  insufficient 
Fence,  or  Fences.  And  in  either  case  if  payment  be  denyed  or 
delayed,  such  VicAver,  or  Viewers,  shall  have  Warrant  from  the  said 
select  men,  directed  to  the  Marshall,  or  Constable,  to  levy  the  same 
forthwith  upon  the  estate  of  the  Delinquent. 

And  when  Lands  lye  in  Common  unfenced  if  one  man  shall  improve 
his  Land  by  fencing  in  severall,  and  others,  one,  or  more  shall  not,  he 
who  shall  so  improve,  shall  secure  his  Land  from  other  mens  Cattel 
(unruly  Cattle  excepted)    who  shall  compell  no  man  to  make  any 


580  NEW   HAVEN    COLONY  LAWS. 

Fence  with  liim,  except  he  also  improve  in  severall,  and  where  one 
man  shall  improve  hefore  his  neighbour,  and  so  make  the  whole 
Fence,  if  his  said  neighbour  shall  after  improve,  he  shall  then  satisfie 
for  half  the  others  Fence  against  him,  according  to  the  present  value, 
and  shall  maintaine  the  same:  And  if  the  said  first  man  shall  after  lay 
open  his  said  field,  or  land,  then  the  said  Neighbour  shall  both  enjoy 
his  said  half  Fence  so  purchased,  and  shall  have  liberty  to  buy  the 
other  half  Fence  against  his  Land,  paying  according  to  the  present 
worth  as  it  shall  be  rated  by  two  men  indifferently  chosen.  And  the 
like  Order  shall  be,  when  any  man  shall  improve  Land,  against,  or 
adjoyning  to  a  Town  Common.  Provided  this  extend  not  to  house- 
lots,  in  which,  if  one  shall  improve,  his  neighbour  or  neighbours  shall 
be  compellable  to  make,  and  maintaine  one  half  of  the  Fence  between 
them,  whether  he  or  they  improve,  or  not.  Provided  also,  that  no 
man  shall  be  liable  to  damage  done  in  any  ground  not  sufficiently 
fenced,  and  himself  not  interessed  in  the  defective  Fence,  or  some  part 
of  it,  except  the  damage  were  done  by  prohibited  or  unruly  Cattel  of 
any  sort  (in  which  Swine  are  included)  which  cannot  be  restrained  by 
ordinary  Fences,  or  where  any  shall  unwarrantably  put  in  Cattel,  of 
what  sort,  or  under  what  colour  or  pretence  soever,  or  otherwise  will- 
fully ti-espasse  upon  his  neighbours  ground. 

[28]  II  It  is  further  Ordered,  That  whatsoever  Swine,  or  greater  Cattel 
(Horses  excepted,  which  are  pai'ticularly  mentioned  hereafter)  shall 
be  found  in  the  Woods,  or  Commons  unmarked,  are  lyable  to  Pound- 
age, and  being  either  Pounded,  or  otherwise  prosecuted  and  proved, 
the  Owner  shall  pay  for  each  Swine  unmarked,  three  shillings  and 
four  pence,  of  which  half  the  fines  to  the  Pounder,  or  Prosecutor,  and 
the  rest  to  the  Plantation.  And  for  each  of  the  greater  sort  of  Cattel, 
six  shillings,  whereof  half  shall  be  Ordered  to  the  Pounder,  or  Prose- 
cutor, and  the  rest  to  the  Plantation  ;  but  if  the  owners  be  not  known, 
or  found,  then  every  such  Swine  or  Beast  of  a  greater  kind,  to  be  duly 
cryed,  that  the  owner  may  take  notice,  claim  his  interest,  and  pay  the 
fine,  and  charges ;  but  if  yet  no  owner  be  found,  then  after  due  apprise- 
ment  by  indifferent  men  chosen  by  Authority  in  the  place,  and  the 
same  recorded  by  the  Secretary,  sale  to  be  so  far  made,  that  the  fine 
and  charges  may  be  fully  paid,  and  the  remainder  kept  by  the  Treas- 
urer, till  the  owner  be  knowne.  And  the  rest  of  such  Swine,  or  Cattel, 
being  first  marked  with  a  publick  Town  mark,  or  brand,  with  some 
distinction  from  the  mark  of  particular  men,  to  be  again  turned  into 
the  woods. 

Lastly,  it  is  Ordered,  That  no  owner  of  Cattel,  of  what  kind  soever, 
after  knowledge,  or  notice  given,  that  ■  any  Cattel  of  his,  whether 
Horse,  other  Beast,  or  Swine,  is  unruly  in  respect  to  fences,  shall 
suffer  any  such  to  goe  at  liberty,  either  in  Common,  or  against  Corn 
fields,  or  other  impropriate  enclosed  grounds  fenced  as  aforesaid,  but 
shall  either  constantly  keep  theniyupon  his  own  ground,  within  suffi- 
cient fences,  all  his  own,  or  put  and  keep  upon  each  of  them,  such 
shackles  and  fetters,  or  yoaks  and  rings,  as  may  sufficiently  fi'om  time 
to  time,  restrain  and  prevent  trespasse,  or  shall  pay  all  damages  and 
charges,  whether  in  Corne,  or  other  fruits,  with  hurt  in  fences,  expence 


NEW   HAVEN   COLONY  LAWS.  581 

of  time,  and  help  iu  catching,  Pounding,  driving  out,  and  bringing 
home,  any  such  unruly  Cattel,  of  Avhat  kind  soever,  with  such  further 
fine  for  breach  of  Order,  and  Court  charges,  if  the  Plaintiff  be  put  to 
recover  it  that  way,  as  the  Court  shall  judge  meet. 

Charges  publich. 
That  publick  charges  may  be  defrayed  in  a  ready  and  just  way,  it 
is  Ordered  by  this  Court,  and  the  Authority  thereof,  That  in  each 
[29]  Plantation  within  this  Jurisdiction,  the  select  or  Towns  ||  men,* 
or  some  others  thereunto  deputed,  doe  yearly  the  first  week  of  the 
thii'd  month  called  May,  require,  procure,  and  make  a  full  and  just 
List  of  all  the  male  persons  within  their  limits,  from  sixteen  years  old, 
and  upwards ;  and  a  true  estimation  of  all  personall  and  reall  estates, 
being  or  reputed  to  be  the  estate  of  all,  and  every  the  persons  belong- 
ing to  the  Plantation,  or  in  their  present  possession,  viz.  of  Houses, 
Lands  of  all  sorts,  Meadow  and  upland,  as  well  unbroken  up,  as  other 
(except  such  as  doth  and  shall  lye  common  for  free  feed  of  Cattel  at  all 
times  to  the  use  of  the  inhabitants  in  generall)  Mills,  Ships,  and  all 
small  Vessels,  merchantable  Goods,  Cranes,  Wharfs,  and  all  sorts  of 
Cattel  and  other  estate  (houshold  stuff,  and  Goods  of  that  kind,  pro- 
vided and  kept  for  that  use,  and  not  for  Trade,  onely  excepted,  whether 
at  Sea,  or  on  shoar,  with  a  due  consideration  and  estimate  of  the 
advantage  men  may  have  by  their  severall  and  respective  Arts,  or 
Trades.  Which  List,  and  particular  account,  of  males  and  estates  in 
reference  to  Rates,  shall  by  the  Deputies  chosen  by  each  Plantation, 
and  sent  to  assist  at  the  Generall  Court,  be  presented  yearly  when 
they  sit,  in  the  latter  end  of  May,  under  such  penalty  for  default,  as 
the  Court  considering  the  hindrance  in  the  Jurisdiction  affaires,  shall 
see  cause  to  inflict.  All  which  persons  and  Estates,  are  to  be  assessed 
and  rated,  by  such  as  are  thereunto  appointed,  for  one  single  rate,  as 
followeth,  viz.  Every  male  person  above  sixteen  years  of  age  (except 
Magistrates  and  Elders  of  Churches)  at  twenty  pence  by  the  head, 
and  all  estates  both  reall  and  personall,  at  one  penny  for  every  twenty 
shillings.  And  that  Houses  (wherein  there  is  much  difference)  may 
be  the  more  equally  rated,  according  to  their  worth,  it  is  Ordered, 
That  the  Deputies  from  the  severall  Plantations  within  this  Jurisdic- 
tion now  assembled  at  this  Generall  Court,  doe  before  their  return, 
rate  two  Houses  in  New-haven,  which  shal  be  as  patterns  for  the  other 
Plantations  to  rate  by.  That  all  Lands,  whether  Meadow,  or  upland, 
and  whether  the  upland  be  better,  or  worse,  broken  up,  or  not,  (except 
it  lye  common  as  before)  be  rated  at  twenty  shillings  an  Acre,  and  for 
that  a  considerable  part  of  mens  estates  in  these  parts,  lyeth  in  Cattel, 
to  avoyd  many  Questions  which  may  grow  about  their  age,  it  is 
Ordered,  That  all  sorts  of  Cattel  from  year  to  year,  though  any  of  them 
should  not  be  a  year  old  till  the  last  of  July,  yet  in  reference  to  Rates, 
[30]  be  accounted,  ||  and  pay  as  if  they  were  a  year  old  the  first  of 
May.     And  in  like  manner  for  two  years  old,  or  elder ;  and  in  lieu 

*  It  seems  that  Townsmen  were  chosen  in  New  Haven  for  the  first  time,  November 
17, 1651,  that  the  town  meetings,  "  w^h  spends  the  towne  much  time,  may  not  be  so 
often."    Town  Kec.  ii.  76. 


582  NEW   HAVEN   COLONY  LAWS. 

thereof,  Cattel  though  near  3  quarters  of  a  year  old  the  first  of  May^ 
shall  not  be  Rated,  and  Cattel  of  a  year  and  almost  three  quarters, 
shall  be  Rated  but  a  year  old,  and  so  upward.  And  it  is  further 
Ordered,  That  till  this  Court  find  some  considerable  alteration  in 
pi'ises,  every  Cow  of  four  year  old  (the  age  reckoned  as  before)  or 
upward,  shall  be  Rated  at  five  pounds,  every  Heifer,  or  Steer,  three 
year  old,  reckoned  as  before,  at  four  pounds;  and  betwixt  two  and 
three  years  old,  at  fifty  shillings ;  and  of  one  year  old,  thirty  shillings. 
Every  Ox,  and  Bull  of  four  year  old,  or  upward,  at  six  pounds;  every 
Horse  of  three  year  old  (after  the  former  account)  or  more,  shall  be 
valued  at  ten  pounds ;  every  Mare  of  three  year  old,  or  upward,  at 
twelve  pounds;  those  of  two  year  old,  or  upward,  according  to  the 
former  account,  whether  Horse,  or  Mares,  each  of  them  at  five  pounds 
ten  shillings;  and  those  of  three  quarters  of  a  year  old,  or  above,  till 
they  come  to  be  a  year  and  three  quarters,  shall  be  Rated  at  three 
pounds  and  ten  shillings ;  every  yew  sheep  of  a  year  old,  or  above,  at 
thirty  shillings ;  every  weather  sheep,  or  Ram,  of  a  year  old,  or  above, 
at  sixteen  shillings ;  every  Goat  of  a  year  old,  or  above,  at  eight  shil- 
lings; every  Swine  of  a  year  old,  or  above,  at  twenty  shillings;  every 
Asse  of  a  year  old,  or  above  at  forty  shillings.  And  all  Hey,  and 
Corn  in  the  husbandmans  hand,  is  hereby  exem])ted  from  Rates, 
because  all  Meadow,  Arrable  Land,  and  Cattle,  are  Rateable  as  afore- 
said. And  for  all  such  pei'sons,  as  by  the  advantage  of  their  Arts  and 
Trades,  ai-e  more  enabled  to  bear  publick  charges,  then  Common 
Labourers  and  Workmen,  as  Butchers,  Bakers,  Victuallers,  Smiths, 
Carpenters,  Taylors,  Shoomakers,  Joyners,  Barbers,  Millers,  Masons, 
with  other  Artists,  such  are  to  be  rated  for  their  returns  and  gaines  in 
proportion  to  other  men,  for  the  produce  of  their  estates.  Provided 
that  in  the  Rate  by  the  Poll,  such  persons  as  are  disabled  by  sick- 
nesse,  lamenesse,  or  other  infirmity,  shall  be  so  long  exempted.  And 
for  such  Servants  and  Children,  as  take  not  wages,  their  parents  and 
Masters  shall  pay  for  them ;  but  such  as  take  wages,  shall  pay  for 
themselves.  And  it  is  Ordered,  That  all  Rates  assessed  by  this  Court, 
be  duly  paid  in,  to  the  Jurisdiction  Treasurer,  at  such  time,  or  times, 
in  such  pay,  and  at  such  prises,  as  this  Court  shall  appoint,  and  under 
[31]  such  II  penalties  for  default,  as  shall  fi'om  time  to  time  be  Ordered. 
And  power  is  hereby  given  and  granted  to  each  Plantation  within  this 
Jurisdiction,  to  gather  all  Rates  from  time  to  time,  from  the  severall 
inhabitants,  as  they  grow  due  ;  and  for  want,  or  delay  of  payment  in 
an  orderly  way,  to  distreyn  within  their  own  limits,  to  prevent  further 
inconveniences.  But  that  the  Jurisdiction  sufter  not  by  the  neglect 
or  delay  of  any  Plantation,  or  Plantations  herein.  It  is  further  Ordered, 
That  at  any  time  hereafter,  upon  the  complaint  of  the  Jui'isdiction 
Treasurer,  any  Magistrate  may  send  the  Marshall  alone,  or  with 
others  to  distreyn  the  Cattel,  Corn,  or  any  other  Goods  belonging  to 
any  of  the  Inhabitants  within  suc^  Plantation,  as  shall  be  defective  in 
the  payment  of  Rates  due,  for  the  whole  sum  behind  and  unpaid,  with 
addition  of  all  penalties  incurred,  and  due  charges  for  the  Marshall, 
and  others  imployed  in  seizing,  and  bringing  away  such  distresse,  every 
inhabitant  in  such  case,  having  liberty  to  require,  and  recover  his 


NEW   HAVEN   COLONY  LAWS.  58B 

damage,  from  the  Plantation,  or  Officers,  thei-e  intrusted  for  Civil 
affaires,  according  to  Justice.  Provided  that  if  any  person  now,  or 
hereafter,  having  taken  up  a  Lot,  or  Lots  in  any  Plantation,  be  removed, 
or  shall  withdraw  himself,  and  his  moveable  estate,  or  any  considerable 
part  of  it,  still  keeping  such  Lot,  or  Lots,  in  his  own  possession,  or 
power,  without  due  improvement,  by  which  means  the  Plantation 
wants  his  personall  service,  besides  other  inconveniences.  It  is  hereby 
Ordered,  That  in  such  case,  every  such  person  shall  in  all  respects, 
pay  his  Rates  by  Lands  only,  as  was  Ordered,  and  done  before  Rating 
by  heads,  and  estates,  but  in  due  proportion  to  a  whole  Rate,  as  then  it 
was.  And  if  the  Plantation  find  no  other  means  to  recover  the  said 
Rates,  they  may  distreyn  Houses,  or  Lands,  or  both,  upon  a  true 
account,  that  what  advantage  they  shall  make,  by  selling  or  letting  the 
same,  or  any  part  thereof,  over  and  above  what  is  due  for  the  said 
Rates,  with  just  damages,  and  necessary  charges,  shall  be  returned  to 
the  Owner,  if  he  demand  the  same,  within  three  years. 

Childrens  Education. 
[32]  II  Whereas  too  many  Parents  and  Masters,  either  through  an 
over  tender  respect  to  their  own  occasions,  and  businesse,  or  not  duly 
considering  the  good  of  their  Children,  and  Apprentices,  have  too 
much  neglected  duty  in  their  Education,  while  they  are  young,  and 
capable  of  learning,  It  is  Ordered,  That  the  Deputies  for  the  particular 
Court,  in  each  Plantation  within  this  Jurisdiction  for  the  time  being ; 
or  where  there  are  no  such  Deputies,  the  Constable,  or  other  Officer, 
or  Officers  in  publick  trust,  shall  from  time  to  time,  have  a  vigilant  eye 
over  their  brethren,  and  neighbours,  within  the  limits  of  the  said  Plan- 
tation, that  all  parents  and  Masters,  doe  duly  endeavour,  either  by 
their  own  ability  and  labour,  or  by  improving  such  Schoolmaster,  or 
other  helps  and  means,  as  the  Plantation  doth  afford,  or  the  family 
may  conveniently  provide,  that  all  their  Children,  and  Apprentices  as 
they  grow  capable,  may  through  Gods  blessing,  attain  at  least  so  much, 
as  to  be  able  duly  to  read  the  Scriptures,  and  other  good  and  profita- 
ble printed  Books  in  the  English  tongue,  being  their  native  language, 
and  in  some  competent  measure,  to  understand  the  main  grounds  and 
principles  of  Christian  Religion  necessary  to  salvation.  And  to  give 
a  due  Answer  to  such  plain  and  ordinary  Questions,  as  may  by  the 
said  Deputies,  Officers,  or  others,  be  propounded  concerning  the  same. 
And  where  such  Deputies  or  Officers,  whether  by  information  or  exam- 
ination, shall  find  any  Parent  or  Master,  one  or  more  negligent,  he  or 
they  shall  first  give  warning,  and  if  thereupon  due  reformation  follow, 
if  the  said  Parents  or  Masters  shall  thenceforth  seriously  and  con- 
stantly apply  themselves  to  their  duty  in  manner  before  expressed,  the 
former  neglect  may  be  passed  by ;  but  if  not,  then  the  said  Deputies, 
or  other  Officer  or  Officers,  shall  three  months  after  such  warning, 
present  each  such  negligent  person,  or  persons,  to  the  next  Plantation 
Court,  where  every  such  Delinquent  upon  proof,  shall  be  fined  ten 
shillings  to  the  Plantation,  to  be  levied  as  other  fines.  And  if  in  any 
Plantation,  there  be  no  such  Court  kept  for  the  present,  in  such  case, 
the  Constable  or  other  Officer,  or  Officers,  wai-ning  such  person  or  per- 


584  NEW   HAVEN   COLONY  LAWS. 

sons,  before  the  Freemen,  or  so  many  of  them  as  upon  notice  shall 
[33]  meet  together,  and  proving  the  ||  neglect  after  warning,  shall 
have  power  to  levy  the  fine  as  aforesaid :  But  if  in  three  months  after 
that,  there  be  no  due  care  taken  and  continued  for  the  Education  of 
such  Children  or  Apprentices  as  aforesaid,  the  Delinquent  (without 
any  further  private  warning)  shall  be  proceeded  against  as  before, 
but  the  fine  doubled.  And  lastly,  if  after  the  said  warning,  and  fines 
paid  or  levied,  the  said  Deputies,  Officer  or  OfScei'S,  shall  still  find  a 
continuance  of  the  former  negligence,  if  it  be  not  obstinacy,  so  that 
such  Children  or  Servants  may  be  in  danger  to  gi'ow  barbarous,  rude 
and  stubborn,  thi'ough  ignorance,  they  shall  give  due  and  seasonable 
notice,  that  every  such  Parent  and  Master  be  summoned  to  the  next 
Court  of  Magistrates,  who  are  to  proceed  as  they  find  cause,  either  to 
a  greater  fine,  taking  security  for  due  conformity  to  the  scope  and 
intent  of  this  Law,  or  may  take  such  Children  or  Apprentices  from 
such  Parents  or  Masters,  and  place  them  for  years,  Boyes  till  they 
come  to  the  age  of  one  and  twenty,  and  Girles  till  they  come  to  the 
age  of  eighteen  years,  Avith  such  others,  who  shall  better  educate  and 
govern  them,  both  for  publick  conveniency,  and  for  the  particular  good 
of  the  said  children  or  Apprentices. 

Conveyances  fraudulent. 
To  prevent  or  avoyd  the  mischievous  inconveniences  which  may 
grow  by  fraudulent  conveyances,  and  that  every  man  may  the  better 
know  what  estate  or  interest  other  men  may  have  in  any  Houses,  Lands, 
or  other  Hereditaments  which  he  purposeth  to  deale  in.  It  is  Ordered, 
That  no  Morgage,  Bargaine,  Sale,  Grant  or  Conveyance,  made  of 
any  House  or  Houses,  Lands,  Rents,  or  other  Hereditaments,  within 
this  Jurisdiction,  where  the  granter  remaines  in  possession,  shall  be 
hereafter  in  force,  against  any  other  person  or  persons,  then  the  granter 
and  his  heirs,  unlesse  the  same  be  acknowledged  before  some  Court 

Gen.  23.  or  Magistrate  within  this  Jurisdiction,  and  Recorded  as  hereafter 
'  ''  ""  expressed.  And  that  no  such  grant,  bargain  or  sale  already  made  in 
10, 11.  way  of  Moi'gage,  S^c.  where  the  granter  remains  in  possession,  shall 
be  of  force  against  any  other  but  the  granter  and  his  heirs,  except  the 
same  shall  be  entred  (as  here  expressed)  within  one  month  after  the 
[34]  first  publishing  of  this  Order,  if  the  party  ||  concerned  be  within 
this  Jurisdiction,  or  else  within  three  months  after  he  shall  return. 
And  if  any  such  Granter  be  required  of  the  Grantee,  his  Heirs  or 
Assigns,  to  make  an  acknowledgement  accordingly,  of  any  grant,  sale, 
bargain,  or  morgage,  by  him  made,  and  shall  refuse  so  to  doe,  it  shall 
be  in  the  power  of  any  Court  or  Magistrate,  to  send  for  the  party  so 
refusing,  and  upon  evidence  of  his  injuriousnesse  therein,  to  commit 

1  Thess.  him  to  Prison,  without  Baile  or  mainprize,  untill  he  shall  acknowledge 
*•  ^'  the  same.  And  the  Grantee  in  such  case  is  to  enter  his  caution  with 
the  Secretary,  or  other  Officer  amaointed  to  Record  such  Deeds,  and 
this  shall  save  his  interest  in  the  mean  time.  But  if  it  be  doubtfull 
whether  it  be  the  deed  or  grant  of  the  party,  he  shall  be  bound  with 
Sureties  to  the  next  Court  of  Magistrates,  and  the  caution  shall  remain 
good  as  aforesaid.     Lastly,  It  is  Ordered,  That  in  each  Plantation, 


NEW   HAVEN   COLONY  LAWS.  585 

either  the  Secretary,  or  some  other  Officer,  be  appointed  duly  to  enter 
and  Record,  in  a  Book  kept  for  that  purpose,  all  and  every  such  grants, 
sales,  bargaines,  morgages  of  houses,  Lands,  Rents,  and  other  Hered- 
itaments, as  aforesaid,  with  all  and  every  such  caution,  together  with 
the  name  of  the  Granter  and  Grantee,  thing,  and  Estate  granted,  with 
the  date  thereof;  the  Grantee  paying  six  pence  to  the  Secretary  or 
Officer,  for  each  such  Entry  or  Record. 

Cooper,  see  Cashe. 
Courts  for  Strangers. 
For  the  ease  and  conveniency  of  Strangers,  who  sometimes  cannot 
stay  to  attend  the  ordinary  Coui'ts  of  Justice,  it  is  Ordered,  That  the 
Governour,  Deputy  Governour,  or  any  Magistrate  within  this  Juris- 
diction, may  call  a  speciall  Court,  and  that  in  such  cases,  any  three 
Magistrates,  calling  in  such  of  the  Deputies  for  the  Plantation  Court, 
as  may  be  had,  shall  have  power  to  hear  and  determine  all  causes 
civil  and  criminal  (triable  in  Plantation  Courts,  when  two  Magistrates 
are  called  in)  which  shall  arise  betwixt  such  Strangers ;  or  when  any 
such  stranger  or  strangers,  shall  be  a  party,  whether  Plaintiff  or 
Defendant,  the  Secretary  of  the  place  (as  in  other  ordinary  trialls) 
duly  Recording  the  proceedings,  all  which  shall  be  at  the  charge  of 
the  party,  or  parties,  as  the  Court  shall  determine;  so  that  neither  the 
[35]  Jurisdiction  ||  nor  Plantation  be  charged  by  such  Courts. 

Cursing,  see  Prophane  swearing. 
Damages  pretended,  and  Vexatious  Suites. 
It  is  Ordered,  S)-c.  That  if  any  person  or  persons  in  any  suit,  shall 
falsly  pretend  great  damages  or  debts,  to  discredit,  trouble,  or  vex  his, 
her,  or  their  adversary,  the  Court  upon  discovery  and  proof,  shall  have 
power  to  set  a  reasonable  fine  upon  the  head  of  any  such  oflfendor ; 
and  that  in  all  cases,  where  it  appears  to  the  Court,  that  the  Plaintiff 
hath  willingly  and  wittingly  done  wrong  to  the  Defendant,  in  com- 
mencing and  prosecuting  any  Action,  Suit,  Complaint,  or  Indictment, 
in  his  own  name,  or  in  the  name  of  others,  he  shall  beside  just  dam- 
ages to  the  party  wronged,  be  fined  forty  shillings,  or  any  lesse  sum  to 
the  Jurisdiction  or  Plantation  Treasury,  as  the  case  may  require. 

Distresse. 

It  is  Ordered,  ^c.  That  no  mans  Corn  or  Hey  that  is  in  the  field, 
or  upon  the  Cart,  nor  his  Garden  stuff,  nor  any  thing  subject  to  pres- 
ent decay,  shall  be  taken  in  Distresse,  or  by  way  of  Attachment, 
unlesse  it  be  first  duly  prized,  by  Order  of  some  Magistrate,  or  other 
Officer;  and  that  he  that  takes  it,  first  put  in  due  security  to  satisfie 
the  worth  of  it,  if  it  come  to  any  harm,  with  other  damages,  according 
to  the  course  of  Justice. 

Disturbers  of  the  publick  Peace. 

It  is  Ordered,  ^-c.  That  whosoever  shall  disturb  or  undermine  the  Numb.  16. 
peace  of  this  Jui-isdiction,  or  of  any  of  the  Plantations,  Churches,  Fam- 
ilies, or  pei-sons  within  the  same,  whether  by  conspiring,  or  plotting  A^j'^^y*^^^'' 
with  others,  or  by  his  own  tumultuous  and  offensive  carriage,  traducing,  mandement 

74 


586  NEW   HAVEN   COLONY  LAWS. 

reproaching,  quarrelling,  challenging,  assaulting,  battery,  or  in  any 
other  way,  tending  to  jiublick  disturbance,  in  what  place  soever  it  be 
done,  or  shall  defame  any  Court  of  Justice,  or  any  of  the  Magistrates, 
or  other  Judges  of  any  such  Court  within  this  Jurisdiction,  in  respect 
of  any  Act,  or  sentence  therein  passed ;  every  such  offender  upon  due 
[36]  proof  made,  either  ||  in  the  Generall  Court,Court  of  Magistrates, 
or  particular  Court,  (if  the  tryall,  and  issuing  of  the  case  exceed  not 
their  limits)  shall  be  punished  by  fine,  imprisonment,  binding  to  the 
peace,  or  good  behaviour,  disfranchisement  or  banishment,  according 
to  the  quality  and  measure  of  the  offence,  or  disturbance. 

Divorce,  or  a  Marriage  declared  a  Nullity. 
Desertion,  &c. 

It  is  Ordered,  S^c.  That  if  any  marryed  person  proved  an  Adulterer, 
or  an  Adulteresse,  shall  by  flight,  or  otherwise,  so  withdraw  or  keep 
out  of  the  Jurisdiction,  that  the  course  of  Justice  (according  to  the 
mind  and  Law  of  God  here  established)  cannot  proceed  to  due  execu- 
tion, upon  complaint,  proof,  and  prosecution,  made  by  the  party  con- 
cerned, and  interessed,  a  separation  or  Divoi"ce,  shall  by  sentence  of 
the  Court  of  Magistrates  be  granted  and  published,  and  the  innocent 
party  shall  in  such  case  have  liberty  to  marry  again,  3Iat.  19.  9. 

And  if  any  man  marrying  a  woman  fit  to  bear  Children,  or  needing 
and  requiring  conjugall  duty,  and  due  benevolence  from  her  husband, 
it  be  found  (after  convenient  forbearance  and  due  tryall)  and  satisfy- 
ingly  proved,  That  the  husband,  neither  at  the  time  of  marriage,  nor 
since,  hath  been,  is,  nor  by  the  use  of  any  lawfull  means,  is  like  to  be 
able  to  perform  or  aftbrd  the  same,  upon  the  wives  due  prosecution, 
every  such  marriage  shall  by  the  Court  of  Magistrates,  be  declared 
voyd,  and  a  nullity,  the  woman  freed  from  all  conjugall  relation  to  that 
man,  and  shall  have  liberty  in  due  season,  if  she  see  cause,  to  marry 
another;  but  if  in  any  such  case,  deceipt  be  charged  and  proved,  that 
the  man  before  marriage  knew  himself  unfit  for  that  relation,  and  duty, 
and  yet  proceeded,  sinfully  to  abuse  an  Ordinance  of  God,  and  in  so 
high  a  measure  to  wrong  tiie  woman,  such  satisfaction  shall  be  made 
to  the  injuried  woman,  out  of  tlie  estate  of  the  offendor,  and  such  fine 
paid  to  the  Jurisdiction,  as  the  Court  of  Magistrates  shall  judge  meet. 
But  if  any  husband  after  marriage,  and  marriage  duty  performed, 
shall  by  any  providence  of  God  be  disabled,  he  falls  not  under  this 
Law,  nor  any  penalty  therein.  And  it  is  further  declared.  That  if 
any  husband  shall  without  consent,  or  just  cause  shewn,  willfully  deseit 
[37]  his  wife,  or  the  wife  her  husband,  ||  actually  and  peremptorily 
refusing  all  Matrimoniall  society,  and  shall  obstinately  persist  therein, 
after  due  means  have  been  used  to  convince  and  reclaim,  the  husband 
or  wife  so  deserted,  may  justly  seek  and  expect  help  and  relief,  accord- 
ing to  1  Cor.  7.  15.  And  the  Court  upon  satisfying  evidence  thereof, 
may  not  hold  the  innocent  partyyiinder  bondage. 

Doivryes. 
It  is  Ordered,  S^c.  That  every  marryed  woman  (living  with  her  hus- 
band in  this  Jurisdiction,  or  other  where  absent  from  him,  with  his 


NEW   HAVEN   COLONY  LAWS.  587 

consent,  or  through  his  meer  default,  or  inevitable  providence,  or  in 
case  of  Divorce  where  she  is  the  innocent  party)  that  shall  not  before 
marriage  be  estated  by  way  of  Joynture  (according  to  Agreement)  in 
some  Ilousing,  Lands,  Tenements,  Hereditaments,  or  other  means  for 
tearm  of  her  life,  shall  immediately  after  the  death  of  her  husband, 
have  right  and  interest  by  way  of  Dower,  in  and  to  one  third  part  of 
all  such  Houses,  Lands,  Tenements  and  Hereditaments,  as  her  said 
husband  was  seized  of  to  his  own  use,  either  in  possession,  reversion, 
or  remainder,  within  this  Jurisdiction,  at  any  time  during  the  mar- 
riage, to  have  and  enjoy  for  tearm  of  her  naturall  life,  according  to  the 
estate  of  such  husband,  free,  and  freely  discharged  of  and  from  all 
Titles,  Debts,  Kents,  Charges,  Judgements,  Executions,  and  other 
Incumbrances  whatsoever,  had,  made,  or  suffered  by  her  said  husband, 
during  the  said  marriage  between  them,  or  by  any  other  person  claim- 
ing by,  from,  or  under  him,  otherwise  then  by  any  Act,  or  consent  of 
such  wife,  as  this  Court  shall  ratifie,  and  allow.  And  if  the  Heir  of 
the  husban^l,  or  other  person  interessed,  shall  not  within  one  month 
after  lawfull  demand  made.  Assign,  and  set  out  to  such  widow,  her 
just  third  part  with  conveniency,  or  to  her  satisfaction,  according  to 
the  intent  of  this  Law,  then  upon  due  complaint,  and  prosecution  either 
before  the  Court  of  Magistrates,  or  Plantation  Court,  as  the  case  may 
require,  her  Dower,  or  third  part,  shall  be  assigned  and  set  forth  by 
such  2)ersons  as  the  Court  shall  appoint,  with  due  costs  and  damages. 
Provided  that  this  Law  shall  not  extend  to  any  Houses,  Lands,  Tene- 
ments, or  other  Hereditaments,  sold  or  conveyed  away  by  any  hus- 
band bona  Jide,  for  valuable  consideration  before  this  Law  Avas  pub- 
[38]  lished.  And  it  ||  is  further  Ordered,  That  every  such  wife,  as 
before  expressed,  immediately  after  the  death  of  her  husband,  shall 
have  interest  in,  and  unto,  one  third  part  of  all  such  Money,  Goods 
and  Chattels,  of  what  kind  soever,  whereof  her  husband  shall  dye 
possessed,  (so  much  as  shall  be  sufficient  for  the  discharge  of  his 
Funerall,  and  just  debts,  being  first  deducted)  to  be  allowed,  and  set 
out  to  her  (as  before  appointed)  for  her  Dower;  provided  alwayes, 
that  every  such  widow  endowed  as  aforesaid,  shall  from  time  to  time, 
maintain  all  such  Houses,  Fences,  Inclosures,  with  what  else  shall  be 
for  her  life  assigned  to  her  of  such  Estate,  for  her  Dowry,  and  shall  in 
all  respects  leave  the  same  in  good  and  sufficient  i-epaire,  neither  com- 
mitting nor  suffering  any  strip,  or  wast. 

Ecclesiasticall  Provisions. 

Forasmuch  as  the  word  of  God,  as  it  is  contained  in  the  Holy 
Scriptures,  is  a  pure  and  precious  light,  by  God  in  his  free  and  Esay,  49,23. 
rich  grace  given  to  his  people,  to  guide  and  direct  them  in  safe  paths  i  Tim.  2, 2 
to  everlasting  peace.     And  for  that  the  Preaching  of  the  same,  in  a 
way  of  due  Exposition  and  Application,  by  such  as  God  doth  furnish 
and  send,  is  through  the  presence  and  power  of  the  holy  Ghost,  the 
chief  ordinary  means  appointed  of  God  for  Conversion,  Edification, 
and  Salvation,  It  is  Ordered,  That  if  any  Christian  (so  called)  shall  Ac^ts ij,K). 
within  this  Jurisdiction,  behave  himself  contemptuously  toward  the  Zls  Note"  ' 
word  Preached,  or  any  Minister  thereof,  called,  and  faithfully  dispens-  '^po'i  "• 


588  NEW   HAVEN   COLONY   LAWS. 

ing  the  same  in  any  Congregation,  either  by  interrupting  him  in  his 
Preaching,  or  falsly  charging  him  with  errour,  to  the  disparagement 
and  hindrance  of  the  work  of  Christ  in  his  hands,  every  such  person 
or  persons,  shall  be  duly  punished,  either  by  the  Plantation  Court,  or 
Court  of  Magistrates,  according  to  the  quality  and  measure  of  the 
offence,  that  all  others  may  fear  to  break  out  into  such  wickednesse. 

And  it  is  further  Ordered,  That  wheresoever  the  Ministry  of  the 
word  is  established  within  this  Jurisdiction,  according  to  the  Order  of 
the  Gospel,  every  person  according  to  the  mind  of  God,  shall  duly 
resort  and  attend  thereunto,  upon  the  Lords  dayes  at  least,  and  also 
upon  dayes  of  publick  Fasting,  or  Thanksgiving,  Ordered  to  be  gen- 
[39]  erally  kept  and  observed.  And  if  any  person  ||  within  this  Juris- 
diction, shall  without  just  and  necessary  cause,  absent  or  withdraw 
from  the  same,  he  shall  after  due  means  of  conviction  used,  for  every 
such  sinfull  miscarriage,  forfeit  five  shillings  to  the  Plantation,  to  be 
levied  as  other  Fines. 

It  is  further  Ordered,  That  all  the  people  of  God  within  this  Juris- 
diction, who  are  not  in  a  Church  way,  being  Orthodox  in  judgement, 
and  not  scandalous  in  life,  shall  have  full  liberty  to  gather  themselves 
into  a  Church  estate,  provided  they  doe  it  in  a  Christian  way,  with 
due  observation  of  the  Rules  of  Christ,  revealed  in  his  Avord;  pro- 
vided also  that  this  Court  doth  not,  nor  hereafter  will  approve  of  any 
such  company  of  persons,  as  shall  joyn  in  any  pretended  way  of  Church 
fellowship,  unlesse  they  shall  first  in  due  season,  acquaint  both  the 
Magistrates,  and  the  Elders  of  the  Churches  within  this  Colony, 
where  and  when  they  intend  to  joyn,  and  have  their  approbation 
therein.  Nor  shall  any  person  being  a  Member  of  any  Church,  which 
shall  be  gathered  without  such  notice  given,  and  approbation  had ;  or 
who  is  not  a  Member  of  some  Church  in  New-England,  approved  by 
the  Magistrates,  and  Churches  of  this  Colony,  be  admitted  to  the  free- 
dome  of  this  Jurisdiction. 

And  that  the  Ordinances  of  Christ  may  be  upheld,  and  comfortable 
[)rovision  made  and  continued  for  a  due  maintenance  of  the  Ministry 
according  to  the  Rule,  1  Cor.  9.  6.  to  12.  Gal  6.  6.  It  is  Ordered, 
That  when,  and  so  oft  as  there  shall  be  cause,  either  through  the  per- 
versnesse,  or  negligence  of  men,  the  particular  Court  in  each  Planta- 
tion, or  where  no  Court  is  held,  the  Deputies  last  chosen  for  the  Gen- 
2  chion.  erall  Court  with  the  Constable,  or  other  Officer  for  preserving  peace, 
N^/'i^  ^^'  ^^^^^  ^^^^  ^^^  *'^^  Inhabitants,  whether  Planters,  or  Sojourners  before 
10.  to  15.  them,  and  desire  every  one  particularly  to  set  down  what  proportion 
he  is  willing  and  able  to  allow  yearly,  while  God  continues  his  estate, 
towards  the  maintenance  of  the  Ministry  there.  But  if  any  one,  or 
more,  to  the  discouragement  or  hindrance  of  this  work,  refuse  or  delay, 
or  set  down  an  unmeet  proportion  in  any  and  every  such  case,  the 
particular  Court,  or  Deputies  and  Constable  as  aforesaid,  shall  rate 
and  assesse  every  such  person,  according  to  his  visible  estate  there, 
with  due  moderation,  and  in  equall  proportion  with  his  neighbours. 
But  if  after  that,  he  deny,  or  delay,  or  tender  unsuitable  payment,  it 
[40]  shall  be  recovered  as  other  just  debts.  And  ||  it  is  further 
Ordered,  That  if  any  man  remove  from  the  Plantation  where  he  lived. 


NEW   HAVEN   COLONY   LAWS.  589 

and  leave  or  suffer  his  Land  there,  or  any  part  of  it,  to  lye  unim- 
proved, neither  selling  it  nor  freely  surrendring  it  to  the  Plantation, 
he  shall  pay  one  third  part  of  what  he  paid  before,  for  his  movable 
estate  and  Lands  also.  And  in  each  Plantation  where  ministers 
maintenance  is  allowed  in  a  free  way  without  Hating,  he  shall  pay 
one  third  part  of  what  other  men  of  tlie  lowest  rank,  enjoying  such 
accommodations,  doe  pay:  But  if  any  removing  settle  near  the  said 
Plantation,  and  continue  still  to  improve  his  Land,  or  such  part  of  it 
as  seems  good  to  himself,  he  shall  pay  two  third  parts  of  what  he  paid 
before,  when  he  lived  in  the  Plantation,  both  for  moveable  estate,  and 
Land,  or  two  third  parts  of  what  others  of  like  accommodation  pay. 

Escheates. 
It  is  Ordered,   i^c.  That  where  no   Heire,  or  Owner  of  Houses, 
Lands,  Tenements,  Goods,  or  Chattels,  can  be  found  upon  the  decease  From  pro- 
of the  late  Testator  or  Proprietor.    A  true  Inventory  of  every  such  that Lawl'n 
Estate,  in  all  the  parts,  and  parcels  of  it,  shall  with  the  first  conven- Deut.  22,  i, 
iency  be  duly  taken,  and  a  just  apprisement  made  upon  Oath,  by  fit  "   " 
men  thereunto  appointed  by  the  Magistrate,  or  such  Autliority  as  at 
that  time  is  in  the  Plantation,  where  the  said  estate  is;  and  the  whole 
estate  to  be  seized  to  the  publick  Treasury,  till  the  true  Heires  or 
Owners  shall  make  due  clairae  thereto,  unto  whom  the  same  shall  be 
restored,  upon  just  and  reasonable  tearms. 

Falsifying,  see  Forgery. 
Fences,  see  Cattell. 
Fhies,  see  Hates. 
Fire. 

IT  is  Ordered,  S^c.  That  whosoever  shall  kindle  any  fire  in  Wood>;, 
or  Grounds,  lying  in  common,  or  inclosed,  so  as  the  same  shall  burn  exo.  22,  6. 
Fences,  Buildings,  or  cause  any  other  damage,  in  any  season  or  man- 
ner, not  allowed  by  the  Authority  in  that  Plantation,  or  on  the  last 
day  of  the  week,  or  on  the  Lords  day,  such  person  shall  pay  all  dam- 
[41]  ages,  and  half  so  much  more,  for  a  fine  ||  to  the  Plantation,  and 
if  not  able  to  pay,  shall  be  corporally  punished,  as  the  Court  shall 
judge  meet.  But  whosoever  shall  wittingly  and  willingly  burn,  or 
destroy  any  Farm,  or  other  building,  Timber  hewed,  sawn,  or  riven, 
heaps  of  Wood,  Charcoal,  Corn,  Hey,  Straw,  Hemp,  Flax,  or  other 
Goods,  he  shall  pay  double  or  treble  damages,  as  the  Court  shall 
judge  meet;  or  if  not  able  to  make  such  restitution,  he  shall  be  either 
sold  for  a  servant  till  by  his  labour  he  may  doe  it,  or  be  severely  pun- 
ished, as  the  case  may  require. 

Forgery,  or  Falsifying. 
It  is  Ordered,  Sfc.  That  if  any  person  shall  forge  or  falsifie  any 
Deed  or  Conveyance,  Testament,  Bond,  Bill,  Release,  Acquittance,  it>s  also  a 
Letter  of  Attorney,  or  any  Writing  to  pervert  Equity  and  Justice,  he  Testimony 
shall  stand  on  the  Pillory  three  severall  Lecture  dayes,  or  other  dayes  Ninth  Com- 
of  most  pubhck  resort,  as  the  Plantation  Court  or  Court  of  Magis-  mandement. 
trates  (according  to  the  value  of  the  Cause)  shall  appoint,  and  shall 


590  NEW   HAVEN   COLONY  LAWS. 

render  double  damages  to  the  party  wronged ;  and  further,  he  shall  be 
disabled  to  give  any  Evidence  to  any  Court,  or  Magistrate  in  this 
Jurisdiction,  till  upon  his  Repentance  satisfyingly  manifested  to  the 
Court  of  Magistrates,  he  be  by  sentence  released  from  it. 

Fornication. 

It  is  Ordered,  S^c.  That  if  any  man  shall  commit  Fornication  with 

Deut.  22,      any  single  woman,  they  shall  be  punished,  either  by  enjoyning  mar- 

28,  29.       riage,  or  fine,  or  corporall  punishment,  any,  or  all  these,  as  the  Court 

16, 17.'      of  Magistrates,  or  Plantation  Court  duly  considering  the  case  with  the 

circumstances,  shall  judge  most  agreeable  to  the  word  of  God. 

Fraudulent  Conveyances, 
see  Conveyances. 
[42]  Gaming. 

TO  prevent  much  inconvenience  which  may  grow  by  Gaming,  It 
is  Ordered,  That  no  person,  who  either  as  an  lun-keeper,  or  seller 
of  strong  Liquors,  Wine  or  Beer,  entertaines  strangers  or  others,  to 
lodge,  or  eat,  or  drink,  shall  permit  or  suffer  any  to  use  the  Game  of 
Shuffleboard,  or  any  other  Gaming  within  his  house,  or  limits,  under 
the  Penalty  of  twenty  shillings  for  every  time  so  offending.  And 
what  ever  person  or  persons  shall  so  play  or  Game,  in  any  such  house, 
or  place,  or  in  any  other  Gaming  house,  where  there  is  a  common 
resort  to  such  Play,  or  Gaming,  shall  forfeit  for  every  such  offence 
five  shillings.  And  whosoever  shall  so  play,  or  game  for  money,  or 
money-worth,  shall  further  forfeit  double  the  value  thereof,  one  half 
to  the  informer,  and  the  rest  to  the  Plantation,  within  the  limits 
whereof  he  so  played  or  gamed. 

Heresie. 
2  Cor.  uit.  Although  no  Creature  be  Lord,  or  have  power  over  the  faith  and 

Jam.  4, 12.     Consciences  of  men,  nor  may  constreyn  them  to  believe,  or  professe, 
against  their  consciences,  yet  to  restreyn,  or  provide  against  such  as 
may  bring  in  dangerous  Errours  or  Heresies,  tending  to  corrupt  & 
destroy  the  soules  of  men.  It  is  Ordered,  ^c.  That  if  any  Christian 
within  this  Jurisdiction,  shall  goe  about  to   subvert  or   destroy  the 
2  Pet.  2,1,2,  Christian  faith,  or  Religion,  by  broaching,  publishing,  or  maintaining 
13,5.         any  dangerous  errour,  or   Heresie,  or  shall  endeavour  to   draw,  or 
seduce  others  thereunto,  every  such  person  so  offending,  and  contin- 
uing obstinate  therein,  after  due  means  of  conviction,  shall  be  fined, 
banished,  or  otherwise  severely  punished,  as  the  Court  of  Magistrates 
Zach.  13,       duly  considering  the  offence,  with  the  aggravating  circumstances,  and 
'  ■  danger  like  to  ensue,  shall  judge  meet. 

[43]  Horses. 

Whereas  many  questions,  and  sometimes  troublesome  suites  grow 
betwixt  men,  about  Horses  running4ogether  in  the  Woods  unmarked, 
It  is  Ordered,  That  each  Plantation  in  this  Jurisdiction  shall  have  a 
marking  iron,  or  flesh-brand,  for  themselves  in  particular,  to  distinguish 
the  Horses  of  one  Plantation  from  another ;  namely,  New-haven  an 
iron  made  to  set  on  the  impression  of  an  H,  as  a  brand-mark,  Milford 


NEW   HAVEN    COLONY   LAWS.  591 

an  M,  Guilford  a  G,  Stamford  an  S,  Southold  an  S  with  an  O  in 
tlie  middle  of  it,  Brainford  a  T.  AVhicli  Plantation  brand-mark,  is 
to  be  visibly  and  as  sufficiently  as  may  be,  set  upon  the  near  buttock 
of  each  Horse,  Mare,  and  Colt,  belonging  to  that  Plantation.  Beside 
which,  every  Owner  is  to  have,  and  mark  his  Horse  or  Horses  with 
his  own  particular  iiesh-brand  having  some  Lettei-,  or  Letters  of  his 
name,  or  such  distinguishing  mark,  that  one  mans  Horses  may  be 
known  from  anothers.  And  that  in  each  Plantation  there  be  an  Offi- 
cer appointed,  to  Record  each  particular  mans  mark,  and  to  see  each 
particular  mans  Horse,  Mare,  and  Colt,  branded,  and  to  take  notice, 
and  record  the  age  of  each  of  them,  as  near  as  he  can,  with  the 
colour,  and  all  observable  marks,  whether  naturall  or  artificiall;  and 
what  artificiall  marks  it  had  before  the  branding,  wdiether  on  the  ear, 
or  elswhere,  with  the  year  and  day  of  the  month  when  branded.  And 
in  each  Plantation,  the  Officer  for  his  care  and  pains,  to  have  six  pence 
of  the  owner,  for  each  Horse,  Mare,  or  Colt,  so  branded  and  Recorded. 
And  that  after  the  publishing  hereof,  every  one  who  hath  any  Horse, 
or  Horses,  of  what  age  or  kind  soever,  doe  duely  attend  this  Order,  at 
his  perill;  the  Officer  also  is  to  require  as  satisfying  evidence  of  his 
right,  who  presents  any  such  Horse,  S)'c.  as  may  be  had,  or  to  Record 
any  defect  of  due  Evidence,  that  a  way  may  be  open  to  other  claimes. 

Impost  upon  Wines,  and  strong  Liquors. 

FOr  the  better  support  of  the  Government  of  this  Jurisdiction, 
8fc.  That  every  Person,  Mei-chant,  Seaman,  or  other,  who  shall  Rom.  13,  7. 
bring  any  Wine  into  any  Harbour,  or  place  within  this  Colony 
[44]  II  (except  it  come  directly  from  England,  or  out  of  some  other 
Harbour  within  this  Jurisdiction,  where  they  have  already  paid  Cus- 
tome,  and  that  certified  by  the  Officer  who  received  it,  before  he  or 
they  Land  or  dispose  any  of  it,  more  or  lesse)  shall  first  make  entry 
of  so  many  Buts,  Pipes,  or  other  Vessels,  as  he,  they,  or  any  of  them 
shall  put,  take  on  shore,  or  any  way  dispose,  by  a  note  in  writing, 
delivered  to  the  Jurisdiction  Treasurer  at  his  house,  or  to  some  other 
Officer,  appointed  by  each  Plantation,  who  is  to  be  upon  his  Oath  for 
the  said  service,  under  the  penalty  of  forfeiture  and  confiscation  of  all 
such  Wines  as  contrary  to  this  Order,  are  or  shall  be  landed  or  sold 
before  such  Entry  made,  wheresoever  found,  or  some  lesse  penalty,  as 
the  Court  shall  judge  meet,  upon  proof  that  the  errour  was  committed 
through  ignorance.  And  the  first  buyer,  under  the  same  penalty, 
shall  see  the  same  be  done,  the  one  half  to  the  Jurisdiction,  and  the 
other  half  to  him  that  informs,  and  prosecutes  in  the  case.  And  the 
Merchant,  or  Owner  of  such  Wines  of  any  kind,  as  soon  as  he  imports. 
Lands,  and  sells  them,  or  any  of  them,  shall  deliver  and  pay  to  the 
said  Treasurer,  or  Officer,  for  every  But  or  Pipe  of  Fiall  wines,  or 
any  other  wines  of  those  Islands,  five  shillings ;  for  every  Pipe  of 
Madary  wines,  six  shillings  and  eight  pence ;  for  every  But  or  Pipe 
of  Sherris  Sack,  Maligo,  or  Canary  wines,  ten  shillings  ;  for  Bastards 
Tents,  and  Alligants,  ten  shillings :  And  proportionably  for  greater  or 
lesser  Vessels  of  each  kind.  And  for  every  Hogshead  of  French 
wines,  two  shillings  and  six  pence,  and  proportionably  for  greater  or 


592  NEW   HAVEN   COLONY  LAWS. 

lesser  Vessels.  And  upon  proof  that  any  the  forementioned  wines, 
have  been  imported  or  landed,  without  such  entry  and  payment,  if 
neither  the  seller  nor  wine  can  be  found,  then  double  the  value  of  the 
said  Customes,  by  this  Order  due  to  the  Jurisdiction,  are  to  be  recov- 
ered by  way  of  Action,  as  other  debts,  of  the  first  buyer  of  the  said 
wines,  if  it  will  not  be  paid  otherwise. 

And  it  is  further  Ordered,  that  whosoever  shall  bring  any  strong 
liquor,  of  what  kind  soever,  into  any  Harbour  or  other  part  of  this 
Colony  (unlesse  directly  out  of  England,  or  out  of  some  other  part  of 
this  Jurisdiction,  where  Custome  hath  been  paid,  and  certified,  as  in 
the  case  of  wines)  before  he  or  they  land  or  dispose  of  any  of  it,  more 
or  lesse,  shall  first  make  a  true  and  full  entry,  of  the  quantity  he  shall 
[45]  so  import,  or  cause  to  be  imported  ||  or  landed,  by  a  note  in 
writing  delivered  to  the  Jurisdiction  Treasurer  at  his  house,  or  to 
some  other  Officer,  as  in  the  case  of  wines,  under  the  like  penalty  of 
forfeiture,  with  mitigation  if  the  case  require  it,  as  there,  the  one  half 
to  the  Jurisdiction,  the  other  half  to  him  that  informs  and  prosecutes. 
And  the  owner,  or  importer  of  any  such  strong  liquor,  as  soon  as  he 
lands,  imports,  and  sells  it,  or  any  part  of  it,  shall  deliver  and  pay  to 
the  said  Treasurer,  or  Officer,  for  eveiy  Anchor  containing  ten  Gal- 
lons, six  shillings  and  eight  pence,  and  so  for  greater  or  lesser  quanti- 
ties, namely  after  the  rate  of  eight  pence  a  Gallon.  And  the  first 
buyer  shall  under  the  same  penalty,  see  that  such  entry  and  payment 
be  duly  made.  And  that  whosoever  within  this  Colony,  shall  at  any 
time  for  sale  or  merchandize,  distill  any  sort  of  strong  liquor,  he  or  she 
shall  within  eight  dayes  after  the  same  is  distilled,  and  so  ready  for 
use,  or  sale,  give  in  a  like  true  note  in  writing,  of  the  full  quantity  so 
distilled,  to  the  Treasurer,  or  other  Otficer,  under  the  like  penalty, 
and  shall  within  three  months  after,  duly  pay,  or  cause  to  be  paid  to 
the  said  Treasurer,  or  Officer,  after  the  rate  of  eight  pence  a  Gallon, 
for  the  full  quantity  so  distilled,  and  upon  proof,  that  any  such  strong 
liquor  hath  been  distilled  and  sold  without  such  entry  and  payment, 
the  value  thereof  shall  be  fox'feited  to  the  Jurisdiction,  unlesse  cause  of 
mitigation  ap})ear,  as  in  the  Wines.  And  that  no  person  at  any  time 
retaile  any  sort  of  strong  liquor  within  this  Jurisdiction,  without 
expresse  license  from  the  Authority  of  the  Plantation,  Avithin  the 
limits  whereof  he  so  sells,  wherein  the  selling  of  lesse  then  three  Gal- 
lons at  a  time,  is  to  be  accounted  retaile,  and  that  due  moderation  be 
attended  in  prises,  when  it  is  so  retailed.  But  that  none  of  any  sort, 
be  at  any  time  sold,  above  three  shillings  and  six  pence  a  wine  quart. 
Lastly,  it  is  Ordered,  That  if  any  distilling  such  strong  liquor,  within 
this  Colony,  shall  by  way  of  Trade  or  Merchandize,  after  he  hath  paid 
such  Custome,  ship  and  send  forth  out  of  this  Jurisdiction,  any  quan- 
tity of  the  same,  he  shall  for  so  much,  have  the  said  Custome  repayed, 
by  the  Treasurer,  or  Otficer  who  recieved  it. 

[46]  Imprispnment. 

It  is  Ordered,  That  no  mans  person  shall  be  imprisoned  either  for 
Fine,  or  Debt,  to  the  Jurisdiction  or  Plantation,  or  particular  person, 
if  any  competent  means  of  satisfaction  from  his  estate,  doe  otherwise 


NEW   HAVEN   COLONY  LAWS.  593 

appear;  but  if  no  such  estate  be  known,  nor  can  presently  be  found, 
or  if  contempt  or  other  proud  and  offensive  behaviour  against  the 
Court,  or  any  Authority  here  setled,  be  mingled  with  his  cause,  he 
may  be  imprisoned,  and  kept  in  prison  at  his  own  charge,  if  he  be 
able,  till  satisfaction  be  made,  or  till  the  Court  which  committed  him, 
or  some  superiour  Court,  see  cause  to  release  him.  Provided  never- 
thelesse.  That  no  mans  person  shall  be  kept  in  prison  for  debt,  at  the 
will  of  the  Creditoi',  but  when  there  appears  some  estate  which  he 
will  not  produce,  in  which  case,  any  Court,  or  Commissioners  Author- 
ized by  the  Generall  Court,  may  administer  an  Oath  to  the  party,  or 
any  others,  suspected  to  be  employed,  or  pi'ivy  to  the  conveying 
away,  or  concealing  of  such  estate,  or  some  of  it ;  but  if  any  such  per- 
son or  persons,  in  such  case,  being  so  required,  shall  refuse  to  discover 
the  truth  by  Oath,  he  shall  be  liable  to  such  fine,  as  the  Court  duly 
weighing  the  case  shall  judge  meet ;  but  if  no  estate  can  be  found,  to 
pay  or  satisfie  such  just  debt,  or  debts,  every  such  debtor  shall  satisfie 
by  service,  if  the  Creditor,  or  Creditors  require  it,  for  such  time,  as 
the  Court  considering  the  debt,  shall  with  due  moderation  judge  meet ; 
but  shall  not  be  sold  to  any  out  of  the  United  English  Colonyes,  if  the 
debt  gi'ow  by  any  ordinary  way  of  borrowing,  contract,  or  other 
engagement,  and  not  by  sinfull  and  heynous  miscarriages,  which  dis- 
turb the  publick  peace,  which  the  Court  to  whose  cognizance  such 
cases  are  proper,  will  duly  weigh  and  consider. 

[49]  Incest. 

It  is  Ordered,  S^-c.  That  if  any  persons  shall  commit  Incest,  which  is, 
when  being  near  of  kin,  within  the  degrees  by  God  forbidden,  they 
wickedly  defile  themselves  one  with  another,  they  shall  be  put  to 
death.     Levit.  20.  11,  12,  14,  17,  19,  20,  21. 

Indians. 
It  is  Ordered,  ^c.  That  no  Planter,  Inhabitant,  or  Sojourner  within 
this  Jurisdiction,  shall  directly,  or  indirectly  for  himself,  or  any  other, 
purchase,  or  truck  any  Plantation,  or  land,  upland,  or  Meadow  more 
or  less,  of  any  Indian,  Indians,  or  others  from  them,  either  upon  the 
Maine  between  Connecticut  River,  and  Hudsons  River,  or  upon  Long- 
Island,  nor  shal  receive  any  land  by  way  of  gift,  or  upon  any  other 
tearms,  for  his  or  their,  or  any,  either  private  or  publick  use,  or  advan- 
tage, or  as  Agent  for  others  who  may  pretend  to  begin  a  Plantation 
without  express  license,  either  from  the  Court  of  Magistrates  for  this 
Jurisdiction,  or  at  least  from  some  one  of  the  Plantation  Courts,  where 
there  is  a  Magistrate,  and  Deputies.  And  in  the  latter  case,  the  Land 
to  lye  so  as  neither  in  point  of  Title,  nor  conveniency  may  concern 
any  other  Plantation,  but  onely  the  Plantation  so  licensing,  under  the 
penalty  of  losing  and  forfeiting  all  the  Right  and  Title  purchased,  or 
obtained  in  any  such  Land,  with  such  further  punishment  for  con- 
tempt as  the  Court  shall  judge  meet.  And  if  any  person  or  persons 
within  this  Jurisdiction,  by  what  way  or  means  soever  be  already 
justly  jjossest,  or  interessed  of  or  in  any  Land  within  the  limits 
before  mentioned,  he  or  they  shal  neither  directly  nor  indirectly  by 
75 


594  NEW   HAVEN  COLONY  LAWS. 

gift,  sale,  or  upon  any  other  consideration  or  respect,  alienate  or  return 
the  right  he  or  they  have  in  the  same,  or  any  part  of  it  to  the  Indians, 
or  any  of  them,  without  license  from  this  Court;  and  if  any  Plantation 
within  this  Jurisdiction  shal  hereafter  purchase,  or  upon  any  tearms 
receive,  or  obtaine  Title  or  Right  to  any  Land  from  the  Indians,  or 
others  from  them,  which  may  concerne,  or  be  convenient  to  another 
Plantation  within  this  Jurisdiction  also ;  and  so  there  grow  any  ques- 
tion or  difference  either  in  reference  to  the  Land,  or  this  Order,  it 
shall  be  heard  and  determined  by  this  Court,  that  peace  may  be  con- 
tinued, and  the  conveniency  of  each  Plantation  provided  for. 
[50]  II  And  the  better  to  suppress  or  restrain  the  inconveniences  or 
mischiefs  which  may  grow  by  a  general  and  unlimited  furnishing  of 
the  Indians  with  guns,  powder,  shot,  or  any  other  weapons  or  instru- 
ments proper  or  useful  in  or  for  war.  It  is  Ordered,  That  whosoever 
of,  or  within  this  Jurisdiction,  or  any  part  thereof  shal  directly  or 
indirectly,  by  himself  or  any  other,  sel,  barter,  give,  lend,  lose,  or  by 
any  means,  or  device  whatsoever,  furnish  any  Indian  or  Indians,  or 
any  for  them,  with  any  guns  smal  or  great,  by  what  name  soever 
called,  or  with  any  powder,  shot,  lead,  or  shot  mould,  or  with  any 
stocks  or  locks  for  guns,  or  swords,  rapiers,  daggers,  or  blades  for  any 
such,  or  pikes,  pike-heads,  halberts,  arrow-heads,  or  any  other  pro- 
vision or  furniture  for  War  of  what  kind  soever,  whether  fully  finished 
or  not;  or  what  Smith,  or  other  person  within  or  belonging  to  this 
Jurisdiction  shal  mend  any  gun,  stock,  or  any  thing  belonging  to  it,  or 
procure  it  to  be  done,  or  any  the  forementioned,  or  other  weapons  or 
instruments  proper,  or  used  for  wai",  without  express  written  License 
from  this  general  Court,  or  some  one  or  more  Deputed  by  them  to 
give  such  License  with  directions  upon  what  termes,  and  in  what 
manner,  such  a  trade  with  a  due  respect  to  all  the  Premises  shal  be 
managed,  shal  forfeit  and  pay  to  the  Jurisdiction  twenty  times  the 
value  of  what  shal  be  sold,  bartered,  or  any  way  alienated,  mended, 
or  upon  any  contrivement  or  device  done  contrary  to  the  tenour  and 
true  meaning  of  this  Order,  or  any  part  of  it,  wiiereof  one  4th  part 
goeth  to  the  Liformer,  &  the  rest  to  the  Jurisdiction. 

And  to  the  same  purpose  and  end,  it  is  further  Ordered,  that  who- 
soever shal  either  directly  or  indirectly  sel,  bartar,  or  cause  to  be 
sold  S^c.  any  guns,  powder,  shot,  lead,  or  any  of  the  foi-ementioned 
instruments  or  provisions  for  warr,  to  any  pei'son  or  persons  inhabit- 
ing out  of  this  Jurisdiction,  without  license  from  two  Magistrates  of 
this  Jurisdiction  under  their  hands,  or  where  there  is  but  one  Magis- 
trate under  his  hand,  and  the  hands  of  two  Deputies  for  the  Plantation 
Court,  shal  as  a  fine  for  his  breach  of  order  and  contempt  pay  five 
times  the  value  of  what  shal  be  so  sold,  bartered,  S^c. 

And  it  is  further  Ordered,  That  the  Magistrate  or  Magistrates  who 
at  any  time  give  any  such  license  under  their  hands  shal  keep  a  true 
[51]  account  in  writing  of  all  the  particulars,  and  ||  quantities,  he  or 
they  so  license,  to  whom  &  upon  what  grounds  that  upon  any  question 
this  Court  may  receive  satisfaction  therein ;  and  that  every  such 
license  be  limited,  as  to  the  pei'ticular  things  and  quantities  ;  so  to  the 
time  that  if  the  same  or  any  part  thereof  be  not  within  the  limited 


NEW   HAVEN   COLONY  LAWS.  595 

time  sould  and  delivered,  the  license  for  the  whole,  or  such  part  to  be 
altogether  void,  and  each  sale  or  delivery  after,  without  a  new  License 
to  be  adjudged  a  breach  of  this  Order. 

And  the  better  to  prevent  controversies  and  disturbance  betwixt 
the  English  and  Indians  in  this  Jurisdiction;  it  is  Ordered,  That  who- 
soever shal  upon  any  occasion,  trust,  or  take  pawn  or  pledge  of  any 
Indian  for  the  securing  or  payment  of  any  thing  sold  or  lent,  he  shal 
neither  after  take  any  thing  from  him  or  them  by  force,  for,  or  toward 
satisfaction,  nor  dispose  of  any  pawn,  or  pledg  so  received,  though 
the  time  set  for  redeeming  it  be  enquired,  without  either  consent  of 
the  Indian,  or  license  from  the  Court,  or  from  the  authority  setled  in 
the  Plantation  where  lives. 

Indians  see  further,  into  the  title  of  Inn-keepers, 
Tipling,  and  Drunkenness. 
Indictments. 
If  any  person  sliall  be  indicted  of,  or  legally  charged  with  any  cap- 
itall  crime  (who  is  not  then  in  durance)  and  shal  withdraw,  or  refuse 
to  render  his  person  to  some  Magistrate,  or  Officer  for  this  Jurisdic- 
tion, within  one  raoneth,  after  three  proclamations  publickly  made  in 
the  Town,  or  Plantation  where  he  did  formerly  usually  abide,  there  Ezra, 
being  a  full   moneth   betwixt   Proclamation  and   Proclamation;  his 
lands  and  goods  shall  be  seized  to  the  use  of  the  Jurisdiction  (and 
ordered  with  due  respect  to  his  family,  as  the  Court  of  Magistrates 
shal  judge  meet)  till  he  make  his  lawful  appearance.     And  such  with- 
drawing of  himself  shall  stand  in  stead  of  one  witnesse  to  prove  the 
crime  charged,  unlesse  he  can  make  it  appeare  to  the  Court  that  he 
was  necessarily  hindered. 

Inkeepers,  Tipling,  Drunkenness. 

It  is  Ordered,  &c.  That  no  person,  or  persons,  shall  at  any  time 
hereafter,  under  any  pretence  or  colour  whatsoever,  undertake  or 
become  a  common  Victualler,  keeper  of  a  Cookes  shop,  or  house  for 
[52]  common  entertainment.  Tavern,  or  publick  ||  seller  of  Wine, 
Ale,  strong  Beere,  or  strong  liquor  by  retaile  within  this  Jurisdiction ; 
nor  shall  any  either  directly  or  indirectly,  sell  any  sort  of  Wine  pri- 
vately in  his  house,  Cellar,  &c.  or  out  of  doores,  by  a  lesse  quantity, 
or  under  three  gallons  at  a  time,  Avithout  approbation  and  license  of 
the  Plantation-Court  to  which  he  belongeth:  or  where  there  is  no 
such  Court,  without  the  license  of  the  Constable,  and  major  part  of 
the  free-men,  under  the  penalty  of  five  pounds,  to  be  paid  to  the  Plan- 
tation for  the  first  miscarriage  complained  of,  and  proved ;  and  ten 
pounds  for  the  second  miscarriage  so  proved :  And  where  payment 
cannot  or  wil  not  be  made,  imprisonment  during  the  Courts  pleasure, 
for  the  first  offence,  and  for  the  second  offence,  such  further  punish- 
ment as  the  Court  shall  order.  And  that  no  person  so  licensed  shal 
sell  any  Beere,  or  Ale,  above  three  pence  an  Ale  quart,  under  the 
penalty  of  three  shillings  and  four  pence  for  such  miscarriage,  proved 
the  first  time,  and  six  shillings  and  eight  pence  the  second  time.     But 


596  NEW  HAVEN   COLONY  LAWS. 

it  is  allowed  and  ordered,  that  any  man  that  will  may  sell  Beere  or 
Ale  out  of  doores,  at  a  peny  a  quart,  or  cheaper. 

It  is  further  ordered.  That  whosoever  licensed  as  before,  selleth 
any  sort  of  Wine  by  retaile,  that  is,  by  any  lesse  quantity  then  three 
gallons  at  a  time,  he  shall  pay  to  the  Jurisdiction  Treasurer  over  and 
above  the  Custome  before  mentioned,  after  the  rate  of  forty  shillings 
for  every  But,  or  pipe  so  re-taled;  and  every  one,  that  so  selleth  by 
retale,  shal  give  a  true  account  and  notice  to  the  said  Treasurer,  or 
to  some  other  Officer  appointed  for  that  purpose  in  each  plantation,  of 
the  true  or  ful  quantity,  which  he  either  buyeth  or  receiveth  into  his 
custody,  and  that  within  one  week  after  he  is  so  possessed  of  it,  upon 
paine  of  forfeiting  the  same,  or  the  value  thereof;  and  shal  further 
every  six  months,  truly  account  with  the  Jurisdictions  Treasurer,  or 
other  Officer  as  aforesaid,  for  what  he  hath  sold  by  Re-tale  as  afore- 
said, and  discharge  the  same,  having  due  allowance  for  what  he  hath 
sold  by  greater  parcels,  then  by  this  Order  is  accounted  Re-tale ;  and 
in  case  of  delay,  or  neglect  of  payment  after  demand,  the  Treasurer  or 
Officer  shal  recover  it  by  action  as  other  debts,  provided  that  if  any 
person  shal  give  in  a  false  account  to  defraud  the  Jurisdiction  upon 
due  proof,  he  shal  pay  double  the  value  of  what  he  would  so  have 
kept  back. 

[53]  II  And  it  is  further  ordered,  that  every  person  so  licensed  to 
draw  and  sel  strong  Beer,  Ale,  Wine,  or  strong  liquour,  do  see,  and 
take  care  that  good  order,  and  all  Rules  of  sobriety  be  duly  attended 
in  his  course,  and  house,  and  about  the  same  ;  and  that  he  neither  see, 
nor  suffer  any  to  be  drunken,  or  to  drink  excessively,  or  to  continue 
Tipling  above  the  space  of  an  hour,  or  at  unseasonable  times  ;  or  after 
nine  of  the  clock  at  night  without  weighty  cause,  nor  that  any  Children 
or  servants  without  the  consent  of  Parents,  or  governors  be  permitted 
to  sit,  or  stay  there  drinking  or  unnecessarily  to  spend  their  time  there, 
especially  at  late  or  unseasonable  hours,  but  that  he  duly  complain  to 
authority,  that  all  such  disorders  may  be  seasonably  suppressed,  under 
the  penalty  of  5  shillings  for  the  first  offence,  with  such  increase  of  fine 
for  a  continued  slightness  or  neglect  as  the  Court  shal  determine. 

Provided  notwithstanding,  That  such  licensed  persons  may  enter- 
tain strangers,  land  travellers,  Sea-faring  men,  lodgers,  or  others  for 
their  necessary  occasions,  refreshment,  or  during  meales,  when  they 
come  from  their  Journies  or  Voyages,  or  when  they  prepare  for  their 
Journey  or  Voyage  in  the  night,  or  next  day  early,  or  such  may  con- 
tinue in  such  houses  of  common  entertainment,  as  their  business  and 
lawful  occasions  may  require,  so  that  there  be  no  disorder  among 
them. 

But  every  person  found  drunken,  namely  so,  That  he  be  thereby 
for  the  present  bereaved,  or  disabled  in  the  use  of  his  understanding, 
appearing  in  his  speech,  jesture,  or  carriage  in  any  of  the  said  houses 
or  elsewhere,  shal  forfeit  for  the  first  time  ten  shillings;  and  for  excess 
of  drinking,  or  continuing  in  any  such  place  unnecessarily  at  unsea- 
sonable times,  or  after  nine  of  the  clock  at  night  five  shillings,  and  for 
continuing  tipling  there  above  the  space  of  an  hour  two  shillings  six 


NEW   HAVEN   COLONY   LAWS.  597 

pence  for  the  fii'st  offence,  and  for  the  second^offence  in  each  kind,  and 
for  all  further  disorder,  quarrelling,  or  disturbance,  whether  a  first  or 
second  time,  such  further  fine  or  punishment  -as  the  Court  shall  deter- 
mine. 

And  for  that  God  may  be  much  dishonoured,  and  many  inconven- 
iences may  grow  by  the  Indians  disorderly  drinking  of  Wine,  strong- 
Water,  and  strong  Beere,  unto  Avhich  they  are  ijiueh  addicted;  it  is  Indians. 
[54]  Ordered,  That  no  person  whatsoever  ||  shall  either  directly  or 
indirectly  within  this  Jurisdiction,  sel  any  Wine,  strong  Water,  or 
strong  Beere  to  any  Indian  or  Indians,  or  procure  any  for  them,  either 
to  drink  within  this  Jurisdiction,  or  upon  any  pretence  to  carry  away 
without  special  license  under  the  hand  of  some  Magisti-ate  of  this 
Jurisdiction,  or  in  any  plantation  where  there  is  no  Magistrate,  under 
the  hand  of  one  of  the  Deputies,  or  Constable  where  he  lives ;  and 
that  no  license  so  given  shal  serve,  or  be  of  force  any  longer  then  for 
that  one  particular  time,  and  for  the  limited  quantity  then  granted, 
under  the  penalty  of  five  shillings  for  the  first  offence,  and  ten  shillings 
for  the  second ;  but  if  any  shal  offend  the  third  time  therein,  it  is  left 
to  the  Plantation  Court  where  the  offence  is  committed  to  consider 
the  case,  and  to  inflict  such  punishment  or  increase  of  fine  as  shal  be 
meet ;  and  in  any  plantation,  where  at  present  there  is  no  Court  kept, 
the  Deputies  last  chosen  for  the  general  Court,  or  Constable,  shall 
require  the  forfeitures,  and  for  defect  of  payment  make  seizure  of  so 
much  out  of  the  Delinquents  estate  ;  but  if  any  person  shal  offend  the 
third  time,  every  such  person  shal  by  the  said  Deputies,  or  Constable, 
be  bound  over  to  answer  it  before  the  next  Court  of  Magistrates. 

Laws  loitJiout  penalty. 
It  is  by  this  Court  declared  and  Ordei-ed,  That  in  all  Laws  and 
Orders  formerly,  now,  or  hereafter  to  be  made,  where  no  fine,  or  pen- 
alty is  expressed  and  limited,  all  Transgressours  have  been,  are,  and 
shall  be  lyable  to  such  penalties,  or  punishments  as  the  Court  of 
Magisti'ates,  or  any  plantation  Court,  to  which  the  Cognizance  apper- 
tains, weighing  the  nature  of  the  offence,  with  the  circumstances  shall 
judge  meet,  liberty  of  Appeales,  or  Complaints,  as  in  other  Cases, 
being  duly  preserved. 

Leather^  and  Shoo-maJcers. 
Upon  consideration  of  the  damage  or  injury  which  many  sustaine 
by  the  ill  coming  of  Leather,  and  by  the  Shooe-makers  ill  making  it 
up  into  shooes,  and  boots,  It  is  by  this  Court  Ordered,  That  in  every 
Plantation  within  this  Jurisdiction  where  either  Tanner,  or  Shooe- 
maker  is  imployed  in  their  Trades,  one  or  two  Sealers  shal  be  chosen, 
and  appointed,  as  the  occasions  reqvire,  who  shal  be  under  Oath, 
[55]  faithfully  (according  ||  to  their  best  ability)  to  discharge  their 
trust ;  and  shal  scale  no  leather,  but  such  as  they  judg  sufficiently 
tanned,  and  fit  to  be  wrought  out,  and  sold  in  shooes,  and  boots.  And 
that  every  such  Plantation  shal  have  two  Scales,  to  distinguish 
betwixt  good  Leather  wel  and  sufficiently  tanned,  and  such,  as  though 
tanned  enough,  is  in  some  other  respect  defective,  either  by  over- 


598  NEW   HAVEN   COLONY  LAWS. 

liming,  or  for  want  of  being  wel  wrought  upon  the  beame,  or  by  frost, 
or  hath  received  some  dammage  in  drying ;  so  that  though  it  may 
serve  for  inward  or  middle  soals,  yet  not  for  other  uses  without  dam- 
mage to  the  buyer,  all  which  Leather  so  defective,  shall  be  sealed  with 
a  different  Seale,  that  it  may  be  known  to  be  faulty.  But  that  which 
is  not  sufficiently  tanned,  shal  neither  be  sealed,  nor  used  in  bootes,  sor 
shooes,  til  it  be  duly  tanned.  The  chosing  and  appointing  of  which 
sealer  or  Sealers,  the  print  or  mark,  which  each  Plantation  shal  set 
upon  their  seals  for  good,  or  faulty  Leather,  with  the  Rate  to  be 
allowed  for  sealing,  being  left  to  the  several  Plantations,  but  no  Tan- 
ner within  this  Jurisdiction  shal  upon  any  pretence,  sel,  deliver,  cause, 
or  suffer  to  be  delivered,  or  pass  out  of  his  hands,  or  custody,  any 
hide,  or  hides,  til  being  fully  dry,  they  be  first  sealed  by  the  Officer 
or  Officers  thereunto  appointed,  under  the  penalty  of  forfeiting  the 
said  Leather,  or  the  value  of  it  to  the  plantation  where  the  offence  is 
committed. 

And  it  is  further  Ordered,  That  if  any  Shooe-maker  shal  use,  or 
put  any  unsealed  Leather,  either  in  bootes,  or  Shooes,'  or  put  any  of 
the  forementioned  faulty  Leather  (though  sealed  as  such)  in  any  out- 
ward soals,  or  upper  Leather,  or  in  any  other  place,  which  may  be 
hurtful  to  the  buyer,  or  wearer ;  or  shall  use  any  other  way  of  deceit 
in  making  up  his  Ware,  he  shall  make  due  and  ful  recompence  to  the 
person,  or  persons  wronged,  and  complaining ;  and  shal  suffer  such 
further  punishment  as  his  offence  considered  with  the  circumstances 
shal  require ;  And  whosoever  shal  bring  hides  from  any  other  place, 
and  shal  sel  or  use  any  of  them  for  bootes  or  shooes  within  this  Juris- 
diction, before  they  be  sealed  by  some  Officer  here,  according  to  the 
import  of  this  Order,  or  shal  use  them  in  bootes,  or  Shooes,  contrary 
to  the  intent  thereof;  the  Hides  so  sold  or  used,  or  the  value  of  them 
[56]  shal  be  forfeited  to  the  plantation  ||  where  the  offence  is  com- 
mitted, or  such  Recompence,  or  Fine  shal  be  made  or  paid,  (if  it  grow 
only  of  ignorance)  as  the  case  may  require ;  provided  that  if  both 
buyer  and  seller  be  faulty,  they  shal  pay  the  forfeit  betwixt  them  ;  but 
due  tenderness, and  Respect  is  to  be  had  of  an  innocent  stranger  who 
brings,  sels,  or  uses  good  leather,  though  for  want  of  meanes  to  know 
the  law,  it  were  unsealed. 

Levies,  see  Marshall. 
Lying. 
It  is  Ordered,  That  if  any  person  above  the  age  of  fourteen  years 
Job:  13,4.     shal  wittingly,  and  willingly  make,  and  publish  any  Zye,  tending  to  the 
Psai.  119,69.  damage,  or  injury  of  any  particular  person,  or  with  intent  to  deceive 
Ho8ea4.i,2.  ^^^  abuse  the  people,  with  false  newes,  or  Reports,  or  which  may  be 
any  way  pernicious  to  the  publick  weale;  and  the  same  complained 
of,  and  duly  proved,  either  before  any  Court  or  Magistrate,  or  where 
there  is  no  Magistrate,  before  the  Constable,  or  other  Officer,  he  call- 
ing one  or  two  of  the  Freemen  to  him,  (who  are  hereby  inabled  to  hear 
and  determine  ordinary  offences  of  this  nature,  according  to  the  tenour 
of  this  Law)  the  Offender  shal  pay  to  the  Plantation   where  he  is 
prosecuted  for  his  lying,  as  it  is  a  sin  against  God,  for  the  first  offence 


NEW   HAVEN   COLONY  LAWS.  699 

ten  shillings ;  and  if  after  such  conviction,  he  offend  the  second  time, 
he  shal  pay  for  that  second  Offence  twenty  shillings,  which  Fines,  or 
penalties  shal  be  severally  levied  as  in  other  cases.  But  if  any  such 
person  be  not  able,  or  utterly  refuse  to  pay  the  said  Fines,  or  either 
of  them,  he  shall  in  such  case  be  committed  to  the  stocks  ;  and  for  the 
first  offence  shal  continue  there  betwixt  one  and  two  hours  ;  for  the 
second  offence  betwixt  three  and  four  hours.  But  if  he  offend  the 
third  time,  he  shal  be  publickly  whipt  for  the  same ;  each  person 
being  notwithstanding  left  to  his  liberty,  to  proceed  further  by  action 
of  slaunder,  defamation,  or  otherwise,  as  the  case  may  require.  But 
the  said  Court,  Magistrate,  or  other  Officer,  as  before  ;  finding  weighty 
aggravations  in  the  case,  either  in  the  sin  against  God,  or  disturbance, 
and  damage  to  the  Publick,  are  to  proceed  accordingly ;  or  if  need 
require  may  bind  the  Offender  over  to  the  Court  of  Magistrates. 

[57]  Magistrates,  or  other  Judges  in  relation. 

To  prevent  occasions  and  jealousies  of  partial  and  undue  proceed- 
ing in  Courts  of  Justice :  It  is  Ordered,  that  no  Magistrate,  or  Deputy 
shal  sit  as  a  Judge,  or  among  the  Judges  when  any  cause  of  his  own 
is  tryed ;  and  that  in  every  case  of  civil  nature  between  party,  and 
party,  where  there  shal  fal  out  so  near  Relation  between  any  Judg, 
and  any  of  the  parties,  as  betwixt  Father,  and  Son,  either  by  nature, 
or  Marriage,  Brother  and  Brother,  Uncle  and  Nephew,  Landlord  and 
Tennant  in  matters  of  considerable  valew,  wherein  any  of  them 
being  one  of  the  Judges  is  concerned ;  such  Judg  though  he  may  be 
present  at  the  Tryal,  and  may  propound  and  hold  forth  light  in  the 
case,  yet  he  shal  neither  sit  as  Judg,  nor  shal  have  power  to  Vote  or 
pass  sentence  therein ;  and  in  case  the  Court  without  such  Magistrate 
or  Deputy  may  not  proceed,  either  two  magistrates  may  be  called  in, 
or  the  matter  referred  to  the  Coui't  of  Magistrates  if  it  be  not  other- 
wise to  just  satisfaction  issued. 

Manslaiighter. 
It  is  Oi'dei'ed,  That  if  any  person  in  the  just  and  necessary  defence 
of  his  own  life,  or  the  life  of  another,  shal  kil  any  person  attempting 
to  Robb,  or  murther  in  the  field.  High-way,  or  other  place,  or  to  break 
into  any  dwelling  house,  if  he  cannot  othewise  prevent  the  mischiefe, 
or  with  safety  of  his  own  person  take  the  Fellon,  or  Assailant,  and 
bring  him  to  Tryal,  he  shal  be  holden  blameless. 

Marriage. 
For  the  preventing  of  much  inconvenience  which  may  grow  by 
clandestine  and  unlawful  marriages  :  It  is  Ordered,  That  no  persons  Kuth  4, 9, 
shal  be  either  contracted,  or  joyned  in  Marriage  before  the  intention    ^'^'  •^^• 
of  the  parties  proceeding  therein,  hath  been  three  times  published,  at 
some  time  of  publick  Lecture,  or    Town  meeting  in  the  Town,  or 
Towns  Avliere  the  parties,  or  either  of  them  dwel,  or  do  ordinarily 
reside ;  or  be  set  up  in  writing  upon  some  post  of  their  meeting  house 
door,  in  publick  view,  there  to  stand  so  as  it  may  be  easily  read  by  the 
space  of  fovi-teen  dales  ;  and  that  no  man  unless  he  be  a  Magistrate 
in  this  Jurisdiction,  or  expresly  allowed  by  the  General  Court  shall 


16,  17 


600  NEW    HAVEN    COLONY   LAWS. 

Many  any  persons,  and  that  in  a  publick  place,  if  they  be  able 
[58]  II  to  go  forth  under  the  penalty  of  five  pounds  fine  for  every  such 
miscarriage. 

And  the  Court  considering  that  much  sin  hath  been  committed 
against  God,  and  much  inconvenience  hath  growen  to  some  members 
of  this  Jurisdiction  by  the  irregular  and  disorderly  carriage  of  young 
persons  of  both  Sexes,  upon  purpose  or  pretence  of  Marriage,  did  & 
do  order,  Tliat  whosoever  within  this  Jurisdiction  shal  attempt,  or 
indeavour  to  inveagle,  or  draw  the  affections  of  any  Maide,  or  Maide- 
servant,  whether  Daughter,  Kinswoman,  or  in  other  Kelation,  for 
himself,  or  for  any  other  person,  without  the  consent  of  Father,  Master, 
Guardian,  Governor,  or  such  other,  who  hath  the  present  interest,  or 
charge,  or  (in  the  absence  of  such)  of  the  nearest  Magistrate,  whether  it 
be  by  speech,  writing,  message,  company-keeping,  unnecessary  familiar- 
ity, disorderly  night  meetings,  sinful  dalliance,  gifts,  or  any  other  way. 
Numb.  30,  5.  directly  or  indirectly,  every  such  person  (beside  all  dammages  which 
Exod.  22.  the  Parent,  Governor,  or  person  intrusted  or  interessed,  may  sustain 
by  such  unlawful  proceedings)  shall  pay  to  the  Plantation  forty  shil- 
lings for  the  first  offence  ;  and  for  the  second  offence  towards  the  same 
party  four  pounds ;  and  for  the  third  offence  he  shal  be  further  fined, 
imprisoned,  or  corporally  punished,  as  the  Plantation  Court,  or  Court 
of  Magistrates  considering  all  circumstances  shal  determine. 

And  whereas  some  persons  men  or  women  do  live,  or  may  come  to 
settle  within  this  Colony,  whose  Wives,  or  Husbands  are  in  England 
or  elsewhere,  by  means  whereof  they  are  exposed  to  great  temptations, 
and  some  of  them  live  under  suspition  of  uncleanesse,  if  they  do  not 
fal  into  lewd  and  sinful  courses.  It  is  therefore  Ordered,  That  all 
such  persons  living  within  this  Jurisdiction,  shal  by  the  first  opportu- 
nity, repair  to  their  said  Relations,  (unless  such  cause  be  shewen  to 
the  satisfaction  of  the  Plantation  Court,  that  further  Respite  and  lib- 
erty be  given)  under  the  penalty  of  paying  twenty  pounds  fine,  for 
contempt,  or  neglect  herein.  Provided  that  this  Order  do  not  extend 
to  such  as  are,  or  shal  come  over  to  make  way  for  their  Families,  or 
are  in  a  transient  way  for  traffick,  Merchandise,  or  other  just  occasions 
for  some  smal  time. 

[59]  Marshall. 

That  Justice  may  be  the  better  executed,  the  Jurisdictions  occasions 
carried  on.  And  that  the  Marshal  and  other  Officers  may  know  hoAV 
to  demean  themselves  in  their  places ;  It  is  Ordered,  That  in  case  of 
Rates  and  Fines  to  be  lea*fied,  and  in  case  of  Debts,  and  executions  in 
civil  actions;  The  Officer  shall  first  demand  the  summ  due  of  the  party, 
or  at  his  house,  or  place  of  usual  abode,  but  upon  refusal  or  non-pay- 
ment, he  shal  have  power  (caUing  in  such  assistance  as  the  case  may 
require)  to  break  up  the  door  of  any  house,  chest,  or  place  where  he 
shal  conceive,  or  have  notice,  that  any  goods  liable  to  such  leavy  or 
execution  shal  be ;  And  if  he  be^o  take  the  j)erson,  he  may  do  the 
like,  if  upon  demand  lie  shal  refuse  to  render  himself;  And  whatever 
charges  the  Officer  in  any  such  case  shal  be  put  unto,  he  shal  have 
power  to  leavy  the  same,  as  he  doth  the  Debt,  Assesment,  or  Fine ; 


NEW    HAVEN   COLONY  LAWS.  601 

And  in  case  the  Officer  be  put  to  leavy  any  such  goods,  as  cannot 

without  considerable  charge,  be  conveyed   to  the    place   where  the 

Treasurer,  or  party  dwelleth,  who  should  receive  tlie  same,  he  shal 

levy  the  said  charge  also,  with  the  rest ;  provided  it  shal  not  be  lawful 

for  any  such  Officer,  to  leavy  any  mans  necessai'y  bedding.  Apparel,  According  to 

Tooles,  Armes,  or  such  implements  of  Houshold  stuft',  as  serve  for  his2x*'od!22'26 

necessity,  without  express  direction  from  the  Court,  upon  whose  sen-  by  yropor- 

Z'  .^  .  11  iiiz--       tion  with 

tence,  the  execution  or  seizure  was  grounded,  or  at  least,  ot  some  Deut:  24, 16. 

Magistrate  of  the  Jurisdiction,  but  in  such  cases  he  shal  leavy  his 

land  or  person.     And  in  no  case  shal  the  Officer  be  put  to  seek  out 

any  mans  estate,  further  then  his  place  of  abode  ;  but  if  the  party  wil 

not  discover  his  goods,  or  Lands  to  a  sufficient  value,  the  Officer  may 

take  his  person. 

And  to  prevent  the  inconveniences  which  may  grow  by  the  slight- 
ness  of  some  mens  spirits,  who  are  apt  to  neglect  and  violate  whol- 
some  Orders  and  Laws,  made  in  the  Jurisdiction,  or  Plantations, 
It  is  Ordered,  That  whosoever  shal  be  Fined  by  any  Court  for 
any  disorder,  or  breach  of  Law,  every  such  person  shal  forthwith 
pay  the  Fine,  or  penalty,  or  put  in  security  speedily  to  do  it,  or  else 
shal  be  imprisoned,  or  kept  to  work,  if  the  Court  upon  due  consid- 
eration of  persons,  and  circumstances  judge  it  not  meet  to  make  other 
seizure. 

[60]  Masters,  and  Servants,  Sfc. 

It  is  Ordered,  ^-c.  That  no  Servant  Male,  or  Female,  or  other  per- 
son under  Government,  shal  without  license  from  His,  Her,  or  their 
Masters  or  Governors,  either  give,  sel,  or  truck  any  commodity  what- 
soever, during  the  time  of  their  service,  or  subjection,  under  the  paine 
of  such  Fine,  or  corporal  punishment,  as  the  Court  upon  a  due  con- 
sideration of  the  ofi'ence,  shal  judg  meet;  And  that  whosoever  shal 
receive  from,  or  trade  with  any  Child,  Son,  or  Daughter,  under  Age, 
and  under  Government,  or  with  any  servant,  or  servants,  in  a  suspi- 
tious  disorderly  manner,  or  shal  harbor,  or  entertaine  any  such  in  the 
night,  or  at  other  unseasonable  times,  or  shal  suffer  them  disorderly  to 
meet  at  any  place  within  their  power,  or  to  play  at  Shovel-board,  or 
other  game,  or  games,  to  drink,  spend  mony,  or  provisions,  or  shal  use 
or  sulier  any  otfensive,  sinful  carriage,  conference,  counsel,  or  songs,  ♦ 

which  in  their  nature  tend  to  corrupt,  all  such  persons  shal  be  liable 
to  such  Fines,  or  other  punishment,  as  the  Court  shal  judge  meet. 

Mayning,  wounding,  S)-c. 
If  any  shal  in  distempered  passion,  or  otherwise,  sinfully  hurt 
wound,  or  maine  another,  such  person  shal  be  punisht  by  Fine,  with 
some  valuable  Recompence  to  the  party ;  and  shal  pay  for  the  cure, 
with  losse  of  time,  S)'c.  And  when  the  case  requires  it.  The  Court  of 
Magistrates  are  duly  to  consider  the  mind  of  God,  as  it  is  revealed, 
Exod:  21.  18,  to  the  28.     Levit:  24.  19,  20. 

Military  aff'airs. 
For  as  much  as  the  well  managing  of  the  Militia,  is  under  God,  in 
all  places,  of  great  import,  and  concernment,  for  publick  peace,  and 

76 


19,22 
Luk:  22.  38, 


602  NEW   HAVEN   COLONY  LAWS. 

safety :  It  is  Ordered,  That  (beside  a  general  stock  of  guns,  powder, 
shot,  match,  8^c.  provided  and  kept  in  store  by  each  plantation  in  this 
Jurisdiction,  according  to  former  agreements  of  the  Commissioners  for 
the  united  Colonies,  and  Orders  of  this  Court,  which  they  are  hereby 
[61]  required  to  ||  keep  continually  ful,  and  in  a  constant  readiness  for 
service,  upon  all  occasions,  and  by  their  Deputies  to  make  a  true  cer- 
tificate thereof  yearly  to  the  General  Court)  every  Male  within  this 
Jurisdiction,  from  sixteen,  to  sixty  years  of  Age,  (not  freed  by  publick 
allowance)  shal  be,  and  from  time  to  time  continue  wel  furnished  with 
arms,  and  all  other  suitable  provision  ;  namely  a  good  serviceable  gun, 
Judg:5.8.  such  as  shal  be  ordered  by  the  Court,  and  allowed  by  the  Military 
1  Sam:  13.  Officers,  to  be  kept  in  a  constant  fitness  in  all  Respects  for  service,  with 
a  fit,  and  sufficient  Rest,  a  good  sword,  bandaleei's,  or  home,  a  worme, 
a  scourer,  a  priming  wire,  shot  bagg,  charger,  and  whatsoever  else  is 
necessary  for  such  service,  with  a  pound  of  good  powder,  four  pounds 
of  pistol  bullets,  or  four  and  twenty  bullets  fitted  for  the  gun,  four 
Faddom  of  serviceable  match,  for  a  match-lock  gun,  five  or  six  good 
flints  fitted  for  every  firelock  gunn,  under  the  penalty  of  ten  shillings 
for  any  defect ;  and  the  military  officers  are  hei'eby  required  to  give 
or  send  in  an  account  yearly  in  May,  from  each  Plantation,  to  the 
general  Court,  or  Court  of  Magistrates,  how  the  Inhabitants  are  fur- 
nished, and  provided. 

That  in  each  Plantation  within  this  Jurisdiction,  according  to  the 
number  of  Soldiers,  in  their  Trained  band,  and  as  they  are  furnished 
with  able  men  for  such  a  service,  and  trust,  military  Officers  as  need 
requireth,  shal  from  time  to  time  be  chosen.  And  all  the  Freemen 
in  each  Plantation,  shal  have  their  Vote,  in  the  nomination,  and 
choice  of  them  ;  Provided  that  none  but  Freemen  be  chosen.  And 
that  every  Captaine,  and  chiefe  Officer,  chosen  in  any  of  the  Planta- 
tions, for  the  military  afilxires,  shal  from  time  to  time  be  propounded 
to  the  next  General  Court,  after  he  is  chosen  for  approbation,  and  con- 
firmation. And  if  the  said  Court,  have  any  just  Exception,  against 
any  so  propounded,  The  Freemen  shall  proceed  to  a  new  choice,  That 
the  Jurisdiction  may  be  furnished  with  such  Officers,  as  in  whom  they 
may  satisfyingly  confide. 

[62]  II  That  in  each  Plantation,  the  Captain,  or  chief  military  Officer 
shal  once  in  each  quarter  of  a  year  at  least,  but  oftner  if  there  be 
cause,  order,  or  take  a  strict  view,  how  every  Male,  from  sixteen  to 
sixty  years  of  Age,  is  furnished  with  arms,  and  provisions,  according 
to  the  former  directions,  and  where  any  are  found  faulty,  the  Clark  or 
some  other  Officer  shal  duly  present  their  names,  with  each  defect  to 
the  next  plantation  Court,  or  to  such  Officer  (where  there  is  no  Court) 
who  hath  a  trust  in  civil  affiiirs,  that  the  Fines  and  penalties  may  from 
time  to  time  be  duly  leavied.  And  if  this  view  of  arms,  S^c.  shal  at 
any  time  be  neglected,  or  the  defects  not  duly  presented;  the  Captain 
or  chief  military  Officer,  or  tli^  other  Officers  ordered  to  take  this 
view,  or  the  Clark,  or  Officer  appointed  to  present,  4'C.  shal  pay  forty 
shillings  each  quarter,  when  this  service,  or  any  part  of  it,  is  omitted, 
as  the  fault  upon  examination  shal  joyntly  or  severally  be  justly 
charged. 


NEW   HAVEN    COLONY   LAWS.  603 

Thei'e  shal  be  in  each  Plantation  within  this  Jurisdiction,  every  Gen:  14. 14. 
year  at  least  six  Training  dales,  or  dales  of  publick  military  exercise  2  Chro:  12. 
to  teach  and  Instruct  all  the  Males,  above  sixteen  years  of  age,  (who  ^  ^^^^,  ^„ 
are  not  freed  from  that  service)  in  the  comly  handling,  and  ready  use  I8. 
of  their  arms,  in  all  postures  of  war,  to  understand  and  attend  all  words  2  Sam:  1.  is. 
of  command;  And  further,  to  fit  all  such  as  are  in  some  measure 
instructed  for  all  mihtary  service,  against  there  be  occasion,  under 
the  penalty  of  forty  shillings,  to  be  leavied  of  the  military  Officers,  as 
the  Court  upon  examination  shal  find  them  more  or  lesse  faulty,  and 
with  Respect  to  their  places,  the  greater  Trust  paying  the  greater  Fine 
for  neglect ;  which  dayes  of  Training  shall  be  some  of  them  in  the 
Spring  of  the  year,  before  harvest,  and  some  in  the  latter  end  of  the 
summer,  before  winter,  as  may  best  suit  each  Plantation,  but  at  no 
time  any  two  of  these  traynings  shal  be  within  fourteen  dayes  one  of 
another.  And  it  is  further  Ordered,  That  on  every  such  Training 
day,  the  Captain,  or  chief  Military  Officer  present,  cause  the  Names 
of  all  the  Soldiers  to  be  read,  at  least  in  the  forenoone,  but  in  the 
afternoon  also  if  he  see  cause.  And  whosoever  in  any  Training  day, 
shal  be  totally  absent,  shall  pay  five  shillings  for  every  such  default, 
whosoever  shal  at  any  time  of  the  day  withdraw  himself  from  the  ser- 
[63]  vice,  without  leave  from  the  chief  Military  ||  Officer  present,  he 
shal  pay  either  as  for  total  absence,  or  a  greater  or  lesse  Fine,  as  the 
offence  considered  in  all  circumstances  may  require;  And  whosoever 
shal  come  late,  shal  pay  for  each  such  default  one  shilling ;  and  for 
any  other  disorderly  offensive  carriage,  according  to  the  nature  and 
measure  of  it.  This  Court  expecting  from  each  Plantation,  that  they 
suffer  not  men  to  neglect,  or  grow  slight  in  a  service  of  such  impoi't. 

That  a  fourth  part  of  the  Trained  band  in  every  Plantation  shal  in 
their  course,  as  the  military  Officers  shal  order,  come  constantly  to  the 
publick  worships  of  God  every  Lords  day;  And  (such  as  can  come)  on 
Lecture  dayes,  to  be  at  the  meeting-house,  at  latest,  before  the  second 
Drum  hath  left  beating,  with  their  arms  compleat,  their  guns  ready 
charged,  their  match  for  their  match-locks,  and  flints  ready  fitted  to 
their  fire-lock  guns,  with  Shott  and  powder  for  at  least  five  Shot, 
beside  the  charge  in  their  guns,  under  the  penalty  of  two  Shillings 
Fine,  for  every  person  negligent,  or  defective  in  Furniture,  and  for 
late  coming  one  Shilling,  The  sentinal  also,  and  they  that  walk  the 
Round  shal  have  their  matches  lighted,  during  the  time  of  their  meet- 
ing, if  they  use  their  matchlocks,  and  shal  diligently  and  Faithfully 
attend  their  duty  under  such  further  penalty  as  the  breach  of  such  a 
trust  may  require. 

That  a  strict  watch  be  constantly  kept  in  the  night,  in  all  the  Plan- 
tations within  this  Jurisdiction,  according  to  all  such  Orders,  as  shal  Nehem:  4. 
from  time  to  time  be  made,  either  by  the  General  Court,  or  by  Planta-  en'd.° 
lion  Courts,  or  Officers  intrusted  for  Civil  affairs,  where  there  is  no 
Court ;  And  that  both  for  muiiber  of  Watchmen,  in  each  plantation, 
the  time  of  setting  or  beginning  the  Watch  every  night,  their  rising, 
and  leaving  it  in  the  morning,  and  all  other  cari'iage,  and  duties  in 
managing  this  trust;  they  duly  attend  and  observe  all  directions  given. 
And  it  is  left  to  the  care  and  consideration  of  the  Governor,  Magis- 


604  NEW   HAVEN    COLONY  LAWS. 

trates,  Officers,  or  any  of  them,  as  the  case  may  require,  to  double,  or 
further  to  increase  the  watch  by  night,  in  times  of  danger,  and  to 
appoint  some  competent  number  of  men  to  ward  or  walk  by  day,  with 
their  armes,  in,  or  about  the  plantation,  as  may  best  tend  to  the  pub- 
lick  safety ;  And  if  any  watchman,  or  Warder  do  at  any  time  neglect 
[64]  his  duty,  either  in  coming  ||  too  late  to  the  service,  or  departing 
too  soon  from  it,  not  coming  compleatly  funiished  with  Arms,  accord- 
ing to  order,  or  any  other  way  neglecting  duty,  or  falsifying  his  trust, 
he  shal  pay  such  Fine,  or  receive  such  punishment  as  his  neglect  or 
unfaithfulnesse  deserves,  that  both  himselfe  may  be  warned,  and  others 
may  feare  to  be  slight,  or  false  in  a  matter  of  such  concernment. 

But  upon  consideration  of  publick  service,  and  other  due  respects. 
It  is  ordered.  That  all  Magistrates  within  this  Jurisdiction,  and  teach- 
ing Elders,  shal  at  all  times  hereafter,  be  freed,  not  onely  in  their  per- 
sons, but  each  of  them,  shal  have  one  son,  or  servant  by  vertue  of  his 
place  or  office,  freed  from  all  watching,  warding,  &  training.  And  it 
is  further  ordered.  That  all  ruling  Elders,  Deputies  for  Courts 
intrusted  for  Judicature,  all  the  chief  Military  Officers,  as  Captains, 
Liefteants,  and  Ensignes,  the  Jurisdiction  Treasurer,  Deacons  and  all 
Physitians,  Schoolmasters  &  Surgeons  allowed  by  authority  in  any 
of  these  Plantations,  all  Masters  of  ships  and  other  vessels,  above  15 
tun,  all  publick  Millers,  constantly  imployed,  with  others  for  the  pres- 
ent discharged  for  personal  weakness  &  infirmity,  shal  in  their  own 
persons,  in  time  of  peace  and  safety,  be  freed  from  the  said  services ; 
And  that  all  other  Seamen  and  ship  Carpenters,  and  such  as  hold 
Farms,  above  two  miles  from  any  of  the  Plantations,  train  onely  twice 
a  yeare,  at  such  times  as  shal  be  ordered,  either  by  the  authority,  or 
by  the  Military  Officers  of  the  Plantation.  But  all  persons  freed  and 
exempted  from  the  respective  services,  as  before,  shall  yet  in  all 
respects,  provide,  keep,  and  maintain  in  a  constant  readinesse,  com- 
pleat  Arms,  and  all  other  military  provisions  as  other  men.  Magis- 
trates and  teaching  Elders  excepted,  who  yet  shal  be  constantly  fur- 
nished for  all  such  sons  and  servants  as  are  hereby  freed  from  the 
forementioned  services. 

Ministers  maintenance,  see  Ecclesiastical  provisions. 
Oppression. 
jer.  6.6^  To  prevent,  or  suppress  much  sin  against  God,  and  much  damage 

16,  1?"     '  to  men,  which  doth,  and  may  grow  by  such  as  take  liberty  to  oppress, 
Ezek:  22.  29.  and  wroug  Others,  by  taking  excessive  wages  for  work,  or  unreason- 
Hoseal2. 7.  ^\^\q  p^ges  for  commodities:  It  is  Ordered,  That  if  any  shal  oiiend  in 
[65]  either  of  the  said  cases,  upon  complaint  ||  and  pi-oof,  every  such 
person  shal  be  punished  by  Fine,  or  imprisonment,  according  to  the 
quality  and  measure  of  the  oflEence,  as  the  Court  shal  judge  meet. 

Plantations. 

"  Whereas  the  Freemen  of  e-(^ry  Town,  or  plantation,  within  this 

Jurisdiction,  have  in  sundry  particulars  liberty  to  make  Orders  among 

themselves,  as  about  Fencing  their  Land,  ordering  or  keeping  theii" 

Cattel,  or  Swine,  S^-c.  as  may  best  suite  with  their  own  couveniency ; 


NEW   HAVEN   COLONY   LAWS.  605 

It  is  by  this  Court  Ordered,  That  if  any  greater  cattel,  of  what  sort 
soever,  or  Swine,  belonging  to  one  Plantation,  be  found  either 
unmarked,  or  proved  to  have  done  Trespass,  or  both,  within  the  limits 
of  another  plantation  ;  The  daiiiage  being  duly  Rated,  the  Owners  of 
such  Cattel,  or  Swine,  shal  from  time  to  time,  pay  all  Fi*ies  and 
damages,  according  to  the  just  agreements,  and  Ordei-s,  made  by  the 
Plantation,  where  the  Trespass  is  done ;  provided  that  the  Orders  be 
such,  and  no  other,  then  what  they  make,  and  execute  upon  them- 
selves, in  like  cases. 

Pound,  Pound  breach. 

For  prevention,  or  due  recompence  of  damages  in  Corne-fields,  or 
other  places  done  by  cattel,  or  swine;  It  is  Ordered,  That  there  shal 
be  one  sufficient  pound,  or  more,  made,  and  naaintained  in  every  Plan- 
tation within  this  Jurisdiction,  for  the  impounding  of  such  Cattel,  or 
Swine,  as  shal  be  found  in  any  corne-field,  other  inclosure,  or  place 
prohibited,  til  it  may  appear,  where  the  fault,  and  damage  ought  to  be 
charged.  And  who  so  impounds  any  cattel,  or  swine,  shal  give  pres- 
ent notice  to  the  owner,  if  he  be  known,  otherwise  they  shal  be  cryed 
at  the  two  next  Lectures,  or  most  publick  meetings,  but  if  yet  the 
owner  be  not  found ;  Then  fine,  and  damages  to  be  recovered,  as  in 
the  Order  about  cattel,  8fC.  And  if  any  of  them  escape  out  of  the 
pound;  The  owners,  if  known,  shal  pay  all  just  damages  and  charges. 

But  if  any  person,  or  persons,  shal  resist,  or  Rescue  any  cattel  or 
swine  going,  or  driven  toward  the  pound,  or  shal  by  any  way,  or 
meanes,  get,  or  convey  any  such  out  of  the  pound,  without  due  order 
from  lawful  authority,  setled  by  this  court,  he  or  they,  shal  pay  for 
such  Rescue,  or  disorder,  forty  shillings,  and  in  case  of  pound  breach 
[66]  five  pounds,  beside  just  damages  ||  to  the  party  wronged.  And 
if  in  the  Rescue,  any  bodily  harme  be  done  to  any  person,  he,  or  they, 
may  have  remedy  from  the  Rescuer,  or  Rescuers ;  And  if  any  such 
miscarriage  be  committed  by  any  not  able,  or  refusing  to  answer  the 
forfeiture  &  damage,  every  such  person  shal  sustain  such  bodily  pun- 
ishment, as  the  Court  shal  judge  meet,  and  shal  answer  all  damage  to 
the  party  by  service,  if  estate  cannot  be  found,  as  in  the  case  of  other 
just  debts  ;  and  if  it  appear  thei'e  were  any  procurer,  or  abettor  of  any 
the  former  offences,  every  such  person  shal  be  liable  to  forfeiture, 
dammage,  or  punishment,  as  if  himselfe  had  done  it. 

Prophanation  of  the  Lords  Day. 
Whosoever  shal  prophane  the  Lords  day,  or  any  part  of  it,  either 
by  sinful  servile  work,  or  by  unlawful  ^ort,  Recreation,  or  otherwise, 
whether  wilfully,  or  in  a  careless  neglect,  'shal  be  duly  punished  by 
fine,  imprisonment,  or  corporally  according  to  the  nature,  and  measure 
of  the  sinn,  and  offence.  But  if  the  Court  upon  examination,  by 
clear,  and  satisfying  evidence  find  That  the  sin  was  proudly,  presump- 
tuously, &  with  a  high  hand  committed  against  the  known  command 
and  authority  of  the  blessed  God,  such  a  person  therein  despising  and 
reproaching  the  Lord,  shal  be  put  to  death.  That  all  others  may  feai-e 
and  shun  such  provoking  Rebellious  courses;  Numb.  15.  from  30  to  36 
Verse. 


606  NEW   HAVEN   COLONY  LAWS. 

Prophcme  swearing,  or  cursing. 

If  any  person  within  this  Jurisdiction,  shal  swear  rashly  and  vainly, 
Against  the   either  by  the  holy  nanae  of  God,  or  any  other  Oath,  or  shal  from  dis- 

3d  Com-  •'  .J  .       '  •'  1  1     1    p     /»  • 

mandement,  tempered  passion,  or  otherwise  curse  another,  he  shal  lorieit  to  the 
^^18.'^^'''^''  Plantation  where  he  so  offends,  for  the  first  offence,  10s.  And  if 
Jer:  23. 10.  after  sucli  conviction,  he  offend  the  2d  time,  he  shal  pay  for  that  2. 
Hos:  4. 1, 2.  offence  20  s.  &  it  shal  be  in  the  power  of  any  Magistrate  alone,  or 
where  there  is  no  Magistrate,  of  any  constable,  or  Deputy  of  a  partic- 
ular court,  calling  into  him  one  or  two  of  the  Freemen,  to  warne,  or 
cal  such  a  person  before  him,  and  upon  sufficient  proof,  to  pass  sen- 
tence, and  leavy  the  said  penalties,  according  to  the  usual  order  of 
Justice  in  this  Jurisdiction.  But  if  any  such  person  be  not  able,  or 
utterly  refuse  to  pay  the  forementioned  fines,  or  any  of  them,  he  shal 
in  such  case,  be  committed  to  the  stocks,  and  for  the  first  ofience, 
[67]  II  shal  continue  there,  betAvixt  one  and  two  hours  ;  For  the  second 
offence,  betwixt  three  and  four  hours.  But  if  the  said  person,  not- 
withstanding such  former  proceedings,  shal  offend  the  third  time,  by 
such  swearing,  or  cursing,  he  shal  be  whipped,  for  his  incorrigible 
projohaneness.  But  if  swearing  and  cursing  go  both  together,  or  be 
accompanied  with  other  sinful  aggravations,  such  miscarriages  shal  be 
punished  with  a  higher  Fine,  or  corporally  with  due  severity,  as  the 
Court  shal  judge  meet. 

Rates,  Fines  Sfc. 

Whereas  much  inconvenience  may  arise  by  the  neglect  of  Officers  in 
collecting,  and  seasonably  paying  in,  all  such  Rates,  Fines,  and  Debts, 
as  from  time  to  time,  grow  due  to  the  Jurisdiction  Treasury;  It  is 
Ordered,  That  in  each  plantation,  where  the  Officer,  or  Collector,  doth 
not  at  the  time  appointed  for  the  payment  of  all  such  Rates,  and  fines, 
or  at  furthest  within  one  naoneth  after  (though  his  Office  within,  or 
after  that  month,  be  expired. )  And  that  by  distress,  whereunto  he  is 
hereby  inabled,  when  a  milder  course  wil  not  serve,  gather,  and 
receive  them,  in  some  such  pay,  as  this  court  hath  appointed,  and 
presently  without  delay,  pay  them  in,  as  each  plantation  hath,  or  shal 
Order.  That  the  Jurisdiction  Treasurer  may  be  duly  furnished  for 
the  publick  occasions.  That  then  the  particuler  Court,  or  Constable, 
in  each  such  plantation,  cause  the  said  Rates,  and  Fines  to  be  leavied 
by  distress,  out  of  the  proper  estate  of  such  remiss  collector,  or  officer, 
to  prevent  further  inconvenience,  and  disturbance  to  the  plantation. 
But  if  any  such  officer,  or  collector,  be  removed  out  of  the  Jurisdiction, 
or  if  any  of  the  planters  be  dead,  removed,  or  grown  insolvent,  or  if  by 
any  other  meanes.  The  ful  payment  of  the  Rates,  and  fines  be  hindred, 
The  present  Authority  in  any  such  plantation  by  a  due  assessement, 
are  to  leavy,  and  gather  the  same,  of  the  present  planters,  and  without 
delay,  to  pay  it  in  to  the  Jurisdiction  Treasurer;  otherwise  the  cattel, 
or  other  goods,  of  any  planter,  or  Ranters,  are  to  be  seized  by  the 
Marshal,  or  other  officer,  with,  or  without  assistants,  as  in  the  Law  for 
publick  charges  is  exprest. 


NEW  HAVEN   COLONY  LAWS.  607 

[68]  Records. 

It  is  Ordered,  That  all  Parents,  Masters,  House-keepers,  and 
others,  who  have  either  children,  servants,  sojourners,  or  lodgers  in  the 
house,  or  dwelling  with  them,  shal  bring  in  to  the  Secretary  of  the 
Plantation,  where  he  lives,  or  to  such  other  Officer  in  each  plantation, 
as  shal  be  thereunto  appointed,  the  names  of  such  persons  belonging, 
or  any  way  referring  to  them,  or  any  of  them,  as  shal  either  be  born, 
or  dye,  with  the  respective  time  of  each  such  birth,  or  death.  And 
also  that  every  new  married  man  (if  married  within  this  Jurisdiction) 
shal  bring  in  the  certificate  thereof,  under  the  hand  of  the  Magistrate 
or  Officer  that  married  him,  with  the  time  when,  to  be  recorded  first 
by  the  Officer  of  the  Plantation,  Avhere  he  was  married ;  but  if  mai'- 
ried  in  another  Jurisdiction,  though  at  present  or  after  he  come  to  be 
an  Inhabitant  in  this,  then  to  record  the  marriage  where  he  liveth ; 
and  to  pay  for  every  Record,  M^hether  birth,  death,  or  marriage,  three 
pence,  whereof  two  pence  for  each  such  Record,  shal  be  to  the  Officer  in 
each  Plantation,  who  shal  both  Record  in  the  Plantation  book,&  yearly 
deliver  or  send  a  transcript  of  every  birth,  death,  or  marriage,  with  a 
peny  for  each,  to  the  Secretary  for  the  general  Court :  And  what  per- 
son soever  (to  whom  it  doth  belong)  shal  neglect  to  bring  in  a  note,  or 
certificate,  as  aforesaid,  together  with  thi-ee  pence  for  each  Record,  to 
the  said  plantation-officer,  more  then  one  month,  after  each  birth, 
death,  or  marriage,  he  shal  pay  for  each  six  pence  to  the  said  Officer; 
if  he  neglect  two  months,  he  shall  pay  twelve  pence ;  if  three  moneths, 
five  shillings,  which  Forfeits  shal  go,  two  third  parts  to  the  Plantation- 
officer,  the  rest  to  the  Jurisdiction-officer.  And  if  the  Plantation- 
officer  shal  either  neglect  to  Record,  or  to  deliver  over  the  transcripts, 
as  before ;  or  if  the  Secretary  for  the  general  Court,  slial  neglect  to 
record  them,  each  Officer  for  every  such  neglect  shal  pay  to  the  Juris- 
diction-Treasurer ten  shillings. 

It  is  further  ordered  and  declared,  That  every  man  shal  have  liberty 
to  record  in  the  publick  Register  of  any  Court,  any  testimony  given 
upon  Oath,  in  the  same  Court,  or  before  two  Magistrates,  or  any  Deed, 
or  Evidence,  legally  confirmed,  there  to  remain  in  perpetuam  rei 
memoriam;  and  that  every  inhabitant  in  this  Jurisdiction,  shal  have 
[69]  free  liberty  to  search,  and  view  ||  any  such  publick  Records  or 
Registers,  &  to  have  a  copie  thereof,  written,  examined,  &  signed 
by  the  Secretary,  or  officer  of  the  said  Court,  paying  the  due  charge  or 
fees  therfore.  Also  every  trial  betwixt  party  and  party,  &  jiroceed- 
ings  against  Delinquents  in  criminal  causes,  shal  be  briefly  and  dis- 
tinctly recorded,  the  better  to  prevent  after  mistakes,  and  other  incon- 
veniences. 

Replevin. 
It  is  Ordered  and  declared,  That  every  man  shal  have  liberty  to 
Replevy  his  cattel,  or  goods,  impounded,  distreined,  or  seized,  unless 
it  be  upon  execution  after  Judgment,  or  for  payment  of  Rates  or  Fines ; 
provided  he  put  in  good  security  to  prosecute  the  Replevin,  and  to 
satistie  such  damage  and  charge,  as  his  adversary  shal  recover  against 
him  in  Law, 


608  NEW   HAVEN   COLONY  LAWS. 

Sabbath,  see  prophanation  of  the  Lords  day. 


It  is  Ordered,  That  if  any  Seaman,  Marriner,  Master  of  ship  or 
Vessel,  or  other  person,  shal  receive  into  any  ship,  pinnace,  Bote, 
Cannooe,  or  other  Vessel  by  what  name  soever  called,  and  shal  carry 
away,  or  suffer  to  take,  or  have  passage,  out  of  any  harbor,  or  planta- 
tion, within  this  Jurisdiction,  any  child,  servant,  or  other  person, 
whether  Male,  or  Female,  whom  he  knoweth  to  stand  in  relation,  or 
under  the  charge  and  government  of  another,  and  so  not  at  his,  or  her 
own  present  dispose,  or  any  Debtoi",  Delinquent,  or  Offendei",  whom 
he  knoweth ;  or  hath  heard  to  be  under,  or  liable  to  any  ingagement, 
censure,  or  punishment,  to,  or  from  any  particular  person,  or  the 
authority  of  this  Jurisdiction,  or  any  plantation  therein  without  express, 
and  written  license,  from  some  Magistrate,  dwelling  in  that  plantation, 
or  from  the  Constable,  or  Deputies  intrusted  for  civil  affairs,  where 
there  is  no  Magistrate,  or  at  least  from  the  master,  or  governor  of  the 
Family,  who  hath  the  trust  or  power,  where  there  is  no  other  ingage- 
ment or  guilt.  He  shal  be  liable  (if  known  and  apprehended  in  any 
part  of  this  Jurisdiction)  to  satisfie,  and  pay  all  such  debts  and  ingage- 
ments  as  any  such  person  owetli,  or  ought  to  satisfie,  and  to  pay  such 
damage  or  fine  to  the  person  or  persons  wronged,  or  to  the  Plantation, 
or  Jurisdiction,  as  the  Court  considering  the  case,  with  the  circum- 
stances, shal  judge  meet. 

[70]  Sentences  of  Judgement. 

It  is  Ordered,  That  all  sentences  of  Judgement,  upon  criminal 
causes,  shal  be  executed  upon  the  Offenders,  in  the  presence  of  the 
Magistrates,  or  one  of  them  at  least;  JJeut.  25.  2.  of  some  other  officer 
in  the  absence  of  the  Magistrate. 

Servants  see  Masters. 
Shoomakers  see  Leather. 
Single  Persons. 
To  prevent,  or  suppress  inconvenience,  and  disorder  in  the  course 
and  carriage  of  sundry  single  persons,  who  live  not  in  service,  nor  in 
any  Family  Relation,  answering  the  mind  of  God  in  the  fift  Com- 
mandement.  It  is  Ordered,  That  no  single  person  of  either  Sex,  do 
henceforward  board,  diet,  or  Sojourn,  or  be  permitted  so  to  do,  or  to 
have  lodging ;  or  house  room  within  any  of  the  Plantations  of  this 
Jurisdiction,  but  either  in  some  allowed  Relation,  or  in  some  approved 
Family  licensed  thereunto,  by  the  court,  or  by  a  Magistrate,  or  some 
Olficei',  or  Otticers^in  that  Plantation,  appointed  thereunto,  where  there 
is  no  Magistrate; 'The  Governor  of  which  Family,  so  licensed,  shal  as 
he  may  conveniently,  duly  observe  the  course,  carriage,  and  behaviour, 
of  every  such  single  person,  whether  he,  or  she  walk  diligently  in  a 
constant  lawful  imployment,  attei^ding  both  Family  duties,  and  the 
publick  worship  of  God,  and  keeping  good  order  day  and  night,  or 
otherwise.  And  shal  then  complaine  of  any  such  disorder,  That  every 
such  single  person  may  be  questioned,  and  punished,  if  the  case  require 
it.     And  if  any  single  person  shal  dyet,  or  lodge,  or  if  any  house- 


NEW   HAVEN   COLONY  LAWS.  609 

keeper  shal  admit,  or  entertaine  any  such,  contrary  to  the  true  mean- 
ing of  this  Order ;  or  if  any  Licensed  to  receive  such,  shal  neglect  to 
complain  of  any  disorder  observed,  all,  and  every  such  persons,  shal 
pay  such  fine,  as  the  court,  or  authority  appointed  for  the  place,  shal 
judge  meet. 

Sojourners,  see  strangers. 
Strayes. 
It  is  Ordered,  That  whosoever  shal  take  up,  or  detain  any  stray 
beast,  or  swine,  or  find  any  lost  goods,  he  shal  within  six  dales,  give 
notice  thereof  to  the  Marshal,  cryer,  or  other  officer  appointed  for  such 
service,  by  the  plantation  to  which  he  belongs,  who  shal  enter,  or 
cause  the  same  to  be  entred  in  a  Book ;  And  take  Order,  That  it  be 
[71]  duly  cryed,  on  their  3  next  Lecture  ||  dayes,  or  upon  3  several 
dayes  of  the  Towns  most  general  meeting,  which  the  time  wil  afford; 
And  if  the  value  exceed  twenty  shillings,  he  shal  cause  the  like  publi- 
cation to  be  made,  at  the  publick  meetings,  of  the  two  next  Towns, 
That  the  owner  may  the  better  hear  of,  &  recover  what  belongeth  to 
him.  And  further,  in  the  case  of  a  stray  beast,  he  shal  within  one 
moneth  after  such  finding,  put,  and  indeavour  from  time  to  time,  to 
keep  a  with,  or  wreath  about  the  neck  of  it ;  And  within  three  months 
at  furthest,  (if  the  Owner  in  that  time  appear  not)  he  shal  acquaint 
the  next  Magistrate  with  the  stray  taken  up,  or  goods  found,  and  his 
due  proceedings  about  them,  that  the  same  may  be  apprised  by  such 
indifferent  men  as  the  said  Magistrate  shal  nominate,  &  appoint. 
And  shal  within  six  dayes  after  that,  cause  the  apprisement  to  be  duly 
Recorded,  by  the  Secretary  of  the  Plantation-Court,  or  Constable,  or 
other  Officer  there  intrusted  for  publick  aft'airs,  with  the  colour,  age, 
natural  or  artificial  markes,  or  such  other  description,  as  best  suits  the 
stray,  or  goods,  so  taken  up,  or  found.  And  if  the  owner,  of  any  such 
stray  appeare  within  one  yeare  after  such  publication,  he  shal  have 
Restitution  in  kind,  if  with  safety,  and  conveniency  it  might  be  so  long 
kept,  paying  all  just  damages,  and  charges,  to  the  finder,  and  Officers, 
nay  if  he  appear  within  three  years,  after  the  stray  was  first  taken  up, 
(paying  as  before)  he  shal  have  the  ful  value  (according  to  the  fore- 
mentioned  apprisement)  restored.  But  if  the  owner  shal  be,  and 
continue  so  negligent  that  neither  in  the  first,  second,  nor  third  year, 
he  improve  the  means  prescribed,  to  assert,  and  clear  his  title ;  The 
said  stray,  or  lost  goods,  (to  prevent  contention,  and  inconvenience 
which  may  after  grow)  shal  be  in  reference  to  the  first  Owner  by 
sentence  of  the  Plantation-Court  lost,  and  forfeited  ;  and  the  ful  value, 
all  damages,  and  charges  to  finder,  Officers,  or  others,  being  first 
deducted  (wherein  if  there  be  any  question.  The  Court,  or  some 
indifferently  chosen  if  there  be  no  court  in  that  Plantation,  shal  con- 
sider and  determine)  shal  be  equally  divided,  one  half  to  the  Planta- 
tion, and  the  other  half  to  the  finder.  But  if  the  said  finder  shal  omit, 
or  neglect  his  duty,  or  any  part  of  it,  according  to  the  former  direc- 
tions, he  shal  pay  such  damage  to  the  owner,  and  such  fine  to  the 
plantation,  as  the  Court  upon  consideration  of  the  miscarriage  shal 
[72]  judge  meet;  ||  if  he  proceed  further,  to  sel,  kil,  or  any  way  for 

77 


610  NEW   HAVEN    COLONY   LAWS. 

his  own  advantage  dispose,  or  alienate  the  property  of  any  such  stray, 
without  attending  the  said  directions,  he  shal  upon  pro.ofe,  pay  double 
the  value,  either  to  the  owner,  if  he  may  be  found,  or  to  the  Plantation 
to  which  the  finder  belongs  ;  Provided  also  that  if  the  owner  or  other 
person,  shal  injuriously,  without  order  from  Authority,  or  consent  of 
the  finder,  take  off  such  with  or  wreath,  or  take  away  such  stray  (after 
such  with  or  wreath,  to  his  knowledg  hath  been  put  on)  before  he  have 
cleared  his  interest,  and  given  satisfaction  for  damages,  or  charges 
expended,  he  shal  forfeit  the  ful  value  of  the  Stray,  apprised  as  before, 
to  the  use  of  the  finder. 

Strangers,  see  Courts. 
Strangers  complaining. 
If  any  stranger,  or  person  of  another  Nation,  complain  of  injury 
received  from  any  within  this  Jurisdiction;  It  is  Ordered,  that  due 
search  and  inquiry  be  made  concerning  the  same,  that  Justice  may 
Exod: 22. 21, have  a  free  passage;  And  that  the  stranger  (if  wronged)  may  receive 
^'  ^'         due  satisfaction,  either  out  of  the  estate  of  the  Offender,  or  by  his  cor- 
poral punishment,  as  the  case  may  require,  and  according  to  Matt: 
7.  12. 

Strangers,  Sojourners,  and  Servants. 
To  prevent  sundry  inconveniences  which  may  grow  to  this  Juris- 
diction, &  the  Plantations  thereof,  by  the  inconsiderate,  &  disor- 
derly receiving  &  entertaining  of  strangers,  or  others,  to  be  Planters, 
or  Sojourners  in  any  part  of  this  Colony ;  It  is  Ordered,  That  hence- 
forward, no  person  receive,  or  entertain  any  man,  or  Woman,  of  what 
age  or  quality  soever,  coming  or  resorting  either  from  forraign  parts, 
or  from  other  Jurisdictions,  or  Plantations,  into  any  Plantation,  or 
Farme  house,  or  habitation  within  the  bounds,  or  limits  of  any  Plan- 
tation within  this  Jurisdiction,  to  settle  as  a  planter,  or  sojorner,  nor 
sel,  give,  nor  any  way  alienate,  or  pass  over,  lease,  or  let  any  house, 
or  hous-lot,  or  any  part  or  parcel  of  any  of  them,  or  any  Land,  of  what 
kind  or  quality  soever,  nor  shal  permit  any  such  to  stay,  or  abide  above 
one  moneth,  without  a  License  from,  and  under  the  hand  of  some 
Magistrate  dwelling  m  that  plantation,  or  without  the  consent,  and 
express  Order  of  the  major  part  of  the  Freemen  of  such  Plantation 
[73]  where  there  is  no  Magistrate,  or  ||  without  the  consent,  and  order 
of  the  greater  part  of  the  Inhabitants,  where  there  is  neither  Church 
nor  Freemen,  under  the  penalty  of  ten  pounds  to  be  paid  as  a  Fine 
to  the  Plantation,  where  this  Order  is  violated.  Yet  if  any  such 
violation  or  oiFence  be  made,  or  committed,  only  by  error,  or  mistake, 
and  with  smal  or  no  inconvenience  to  the  Plantation,  or  Jurisdiction ; 
The  fine,  or  penalty,  may  be  moderated,  as  the  Plantation-Court,  or 
Court  of  Magistrates,  shal  see  cause.  Provided  that  this  Order  is 
neither  intended,  nor  reacheth  to  Travellers,  nor  such  as  resort  hither 
in  a  way  of  Merchandise,  or  trade,  nor  to  the  entertainment  of  Friends, 
who  in  a  way  of  love  come  onlj'  to  visit,  and  walk  inoffensively,  nor  to 
servants  received,  and  entertained  upon  Family  Respects.  In  all 
which  cases,  as  every  perticuler  person  considers  his  own  conveuiency 


NEW   HAVEN    COLONY  LAWS.  611 

in  receiving  &  entertaining;  so  the  Court  of  Magistrates,  or  Planta- 
tion Court  wil  consider  how  far  they  may  justly  free  the  Jurisdiction, 
or  plantation,  from  inconvenience  and  charge.  But  it  is  by  this  Court 
Ordered,  That  if  any  servant  fal  sick,  or  any  way  diseased,  or  distem- 
pered, during  the  time  of  Service  by  Covenant  or  Agreement ;  The 
Governor  of  such  servant,  while  that  tearm  lasteth,  shal  provide  what 
is  necessary,  without  putting  any  burden,  or  charge  upon  the  Planta- 
tion, or  Jurisdiction :  And  if  such  hurt  came,  or  were  brought  upon 
such  servant  by  the  cruelty,  or  miscarriage  of  the  Family  governor ; 
such  Governor  shal  allow  recompence  or  maintenance,  after  the  time 
of  Relation  is  expired,  as  the  Plantation  Court  shal  judge  meet.  But 
if  the  hurt  came  by  any  providence  of  God,  without  the  default  of  the 
family  governor;  The  Plantation  shal  dispose,  or  provide  for  such 
servant,  after  his,  or  her  time  of  service  is  expired,  as  the  case  may 
require. 

And  to  prevent  difference  or  questions  which  may  arise,  and  grow 
within  this  Jurisdiction  :  It  is  agreed,  and  Ordered,  That  if  any  person, 
Male,  or  Femal,  elder,  or  younger,  whether  with,  or  without  license, 
shal  hereafter  Sojourne,  or  have  constant  dwelling,  or  abode,  within 
the  limits  of  any  Plantation  in  this  Jurisdiction,  for  and  during  the 
tearm,  or  time  of  one  whole  year,  every  such  person  shal  to  all  purposes 
(in  reference  to  any  plantation  within  this  Jurisdiction,  but  no  fur- 
ther) be  accounted  an  Inhabitant  there,  and  shal  not  be  sent  back,  or 
returned  (unless  to  some  particular  person  standing,  and  continuing 
[74]  II  in  relation  to  receive,  and  provide  as  the  case  may  require)  nor 
shal  the  Jurisdiction,  or  any  other  Plantation  in  it  be  liable  to  any 
charge,  or  burden,  in  reference  to  any  such  person,  though  he,  or  she, 
hath  dwelt  elsewhere  in  the  Jurisdiction  before. 

Stripes. 
Stripes,  or  whipping,  is  a  correction  fit,  and  proper  in  some  case?)  ^^°7'nP'^ 
where  the  offence  is  accompanied  with  childish,  or  brutish  folly,  with 
rude  filthiness,  or  with  stubborn  insolency,  with  bestly  cruelty,  or  with 
idle  vagrancy,  or  for  faults  of  like  nature.  But  when  stripes  are  due  : 
It  is  Ordered,  That  not  above  forty  stripes  shal  be  inflicted  at  one  time ; 
Beut:  25.  3. 

Suits  Vexatious,  see  damages  pretended. 

Swearing,  see  prophane  swearing. 

Swine,  see  Cattel,  and  see  Plantations. 

Thefts,  see  Burglary. 

Trespass. 

It  is    Ordered,  and  Declared,  That  in  any  Trespass,  or  damage 

done  to  any  man  or  men,  if  it  appeare,  or  can  be  proved  to  be  done, 

by  the  meer  default  of  him,  or  them,  upon  whom  the  losse,  or  damage 

fals ;  it  shal  be  judged  no  Trespass,  nor  any  Recompence  allowed 

for  it. 

Watch,  see  Military  affairs. 


612  NEW   HA  YEN    COLONY   LAWS. 

Weights  and  Measures. 

"Whereas  a  considerable  part  of  Righteousnesse,  between  Buyer,  and 
Seller,  doth  consist,  in  known,  certain,  and  just  Weights,  and  Meas- 
ures, It  is  ordered,  That  in  every  Plantation,  within  this  Jurisdiction, 
there  be  several  Standards,  procured,  and  sealed,  that  they  may  be 
uniform,  and  certain ;  viz.  for  weights,  a  set  of  Brass  weights,  to  4 
Deut:25, 13.  pounds,  with  the  less  weights  included,  accoixling  to  the  Averdepois 
pound,  consisting  of  sixteen  ounces,  with  a  good  Beam,  and  Scales,  fit 
to  try  them.  And  so  for  Corn  measures,  the  Bushel,  halfe  Bushel, 
Peck,  and  halfe  Peck,  to  be  fitted  to  Winchester  measure  in  England, 
and  alike  in  all  plantations.  And  measures  for  liquid  things,  as  the 
Ale  quart,  Wine  quart.  Wine  pint,  8^c:  And  that  there  be  one  Ell, 
and  one  Yard.  That  all,  and  each  may  be  according  to  the  use  in 
London,  as  is  generally  practised  in  these  united  Colonies.  And  that 
in  goods  sold  by  the  Ell,  or  Yard,  a  Thums  breadth  be  allowed  to  the 
length  of  each  Ell,  and  Yard.  In  goods  sold  by  the  hundred  weight, 
[75]  That  five  score  and  twelve  be  alowed.  ||  And  in  all  sorts  of 
Nails  sold  by  the  hundred,  six  score  be  allowed  to  the  hundred,  accord- 
ing to  the  course  in  England. 

And  that  in  each  Plantation  within  this  Jurisdiction,  some  fit  man, 
or  men,  be  chosen  and  appointed,  under  oath  to  view,  and  try  all 
the  forementioned  Weights  and  Measures  used  in  buying  and  selling, 
at  least  once  a  year ;  but  oftner  if  there  be  cause,  and  to  fit  them  to 
the  forementioned  Standards,  and  then  to  mark  them,  with  some  such 
known,  and  approved  mark,  and  to  have  such  allowance  for  the  same,  as 
each  Plantation  shal  order,  which  Viewers,  or  Officers,  so  sworn,  shal 
in  each  Plantation  yearly,  (beside  extraordinary  Viewers)  appoint  a 
convenient  time,  and  place,  to  prove,  and  try,  all  such  Weights,  and 
Measures,  &  shal  give  publick,  or  due  notice  of  it,  And  such  weights 
or  measures,  as  cannot  be  brought  or  conformed  to  the  Standard,  shal 
be  ordered,  or  destroyed,  that  they  be  no  more  used  in  buying  or 
selling. 

Lastly,  if  any  Viewer,  or  Officer,  so  chosen,  and  sworn,  do  neglect 
his  Duty  and  Trust,  in  any  part  of  the  Premises,  he  shal  pay  as  a 
Fine  to  the  Plantation,  fourty  shillings.  If  any  person  within  this 
Jurisdiction,  after  such  notice  given,  shal  neglect  to  bring  in  his 
Weights,  and  Measures,  at  the  time,  and  to  the  place  appointed,  he 
shal  pay  three  shillings  four  pence,  for  every  such  default,  one  halfe 
to  the  viewer,  or  Officer,  and  the  other  half  to  the  Plantation.  But  if 
any  person  within  this  Jurisdiction,  shal  at  any  time  buy,  or  sel,  by 
any  false  or  unallowed  Weight,  or  Measure,  to  the  damage  of  his 
neighbour,  he  shal  pay  (besides  Restitution)  such  Fine  to  the  Planta- 
tion, as  the  Court  considering  the  nature,  and  measure  of  the  offence, 
shal  judge  meet. 

Wills,  Inventories,  and  the  Estates  of  such 

as  dye  intestate. 

It  is  ordered.  That  when  any  man  dyeth  possessed  of  an  Estate 

within  this  Jurisdiction,  whether  it  be  greater,  or  lesse.  The  Secretary 

of  each  Plantation,  or  some  Officer  thereunto  appointed,  shal  enquire 


NEW   HAVEN    COLONY   LAWS.  613 

and  call  for  the  last  Wil  and  Testament  of  every  such  person,  together 
■with  a  true  Inventory  of  all  the  goods  and  estate  of  the  deceased, 
within  this  Jurisdiction,  which  with  the  first  conveniency  shal  be  justly 
prized,  and  the  estate  disposed,  or  preserved,  as  the  case  shal  require. 
But  the  Will  (if  any  be  made  and  found)  and  the  Inventory,  shal  be- 
[76]  duly  and  respectively  proved  by  oath,  the  Wil  by  Witnesses,  the  || 
Inventory  for  the  quantity  of  the  goods,  by  Executors,  Administra- 
tors, or  such  as  have  had  the  Estate  in  custody.  And  for  the  valua- 
tion by  the  Apprisers,  who  shal  be  approved  and  appointed  thereunto, 
by  the  Plantation  Court,  or  by  some  Magistrate,  or  Authority  there 
setled,  and  shal  be  recorded  by  the  Secretary  or  some  other  Officer  in 
all  the  particulars,  and  so  kept  among  the  Plantation  Records,  and 
after  presented  to  the  next  Court  of  Magistrates,  or  at  the  furthest  to 
the  next  Court  but  one,  after  the  party  deceased,  under  such  penalty 
as  the  Court  shal  judge  meet,  and  delivered  to  the  Secretary  for  the 
Jurisdiction,  who  shal  keep  all  original  Wils  and  Inventories  upon  the 
File,  and  enter  onely  a  brief  abstract  of  them,  among  the  Jurisdiction 
Records ;  namely,  the  date  of  the  Wil,  the  names  of  the  Witnesses, 
when  proved,  when  the  Inventory  was  taken,  the  persons  by  whom 
the  estate  was  prised,  with  the  summe  it  amounts  to,  and  writing  upon 
the  Wil  and  Inventory,  in  what  folio  the  premises  are  entred  in  the 
book  of  Record.  And  that  six  shillings  be  paid  for  every  such  Wil 
and  Inventory.  But  in  Plantations  where  there  is  no  Court,  the 
Jurisdiction  Secretary  shal  at  each  generall  Court,  call  to  the  Deputies 
for  such  Wils,  &  Inventories,  which  are  to  be  brought  in,  and  entred 
at  large,  in  a  book  of  Records  kept  by  the  Court  of  Magistrates  for 
that  purpose,  and  the  Originals  kept  on  the  file,  as  before  expressed. 
And  in  such  cases  the  Jurisdiction  Secretary  to  receive  the  Fees  due 
both  to  himselfe  and  the  Plantation  Secretary,  and  when  either  the 
Wils,  or  Inventories,  or  both,  are  large,  and  require  much  writing,  the 
Court  of  Magistrates,  or  Plantation  Court,  may  enlarge  the  Secretaries 
Fees.  But  if  through  the  unskilfulnesse,  or  inadvertency  of  any  per- 
son, any  Wil,  or  Wils,  made  or  left,  want  due  Form,  or  cannot  be 
legally  proved,  in  such  case,  the  Court  following  as  neer  as  they 
rationally  may,  the  scope,  and  aim  of  the  Testator,  the  Executor,  or 
Administrator,  before  any  of  them  intermeddle,  or  have  any  power  of 
such  an  Estate,  shal  (if  the  Court  see  cause)  put  in  sufficient  security, 
which  shall  stand  in  force  three  years  from  the  date,  to  deliver  back 
the  value  of  the  whole  Estate,  or  such  part  of  it,  as  tbe  Court  shal  finde 
just  cause  otherwise  to  dispose  of. 

But  if  no  Wil  be  found,  then  the  Court  of  Magistrates,  or  Plantation 
[77]  Court,  shal  considei-,  who  hath  the  next  right  of  ||  Administration 
and  when  any  such  doth  administer,  he,  she,  or  they,  shal  give  such 
Bond,  or  Security,  as  the  Court  considering  the  value  of  the  Estate, 
with  such  questions  as  are  like  to  arise,  shal  judge  meet,  to  bring  in  a 
true  Inventory,  within  a  convenient  time  limited,  and  to  dispose  of  the 
whole  estate,  as  the  Court  according  to  the  Laws  here  setled,  shall 
see  cause  to  order.  And  concerning  such  as  dye  here  intestate.  It  is 
Ordered,  That  the  true  estate,  all  just  debts  being  paid,  &  all  neces- 
sary expences  discharged ;  such  as  about  the  Funeral  of  the  deceased, 


614  NEW  HAVEN   COLONY  LAWS. 

prising  the  goods,  bringing  in  the  Inventory,  immediate  &  reasonable 
charges  of  Housekeeping,  til  things  (without  unnecessary  delay)  may 
be  setled,  shal  be  divided  and  aloted  as  followeth ;  Namely,  one  3d 
part  at  least,  to  the  Widow  of  the  deceased,  if  he  leave  a  Widow.  And 
if  there  be  children  left,  not  or  not  duly  provided  for,  two  third  parts  at 
most  to  them,  with  due  respect  to  the  eldest  Son,  who  is  to  have  a 
double  childs  portion,  of  the  whole  Estate,  Real,  and  Personal,  unlesse 
the  general  Court,  upon  just  cause,  and  grounds,  shal  judge  otherwise, 
either  for  dividing  the  Estate,  or  for  the  portion  of  the  first  born. 
But  in  case  the  Intestate  leave  his  wife  (who  hath  well  deserved  of 
him  while  he  lived)  and  but  one  Child,  one  third  part  of  the  Estate, 
shal  as  before,  go  to  the  Widow,  and  one  third  part  to  the  Child  ;  but 
the  other  third  part  shal  be  divided  by  the  Plantation  Court,  as  they 
see  cause,  betwixt  the  Widow  and  the  Child,  reserving  liberty  for  an 
Appeal,  either  to  the  Coui't  of  Magistrates,  or  to  the  general  Court, 
as  in  other  cases. 

Wine.  See  Impost. 
Witnesses. 
That  Justice  may  have  the  more  free  passage,  It  is  ordered.  That 
any  one  Magistrate,  or  other  Officer  authorised  by  the  general  Court, 
may  upon  oath,  take  the  testimony  of  any  person  of  fourteen  yeares  of 
age,  or  above,  being  of  sound  understanding,  and  of  good  Reputation, 
in  any  case,  civil,  or  criminal,  out  of  Court;  and  testifie  the  same,  if  it 
be  desired,  by  his  subscription,  for  evidence  in  another  Jurisdiction. 
But  if  it  be  for  this  jurisdiction,  the  Magistrate,  or  Officer  is  to  keep 
the  same  in  his  own  hands,  or  custody,  til  the  Court ;  or  deliver  it  to 
the  Secretary,  or  other  Officer  to  be  recorded,  that  nothing  be  altered 
in  it.  And  yet  where  any  such  Witnesse  lives  in  the  Plantation 
[78]  where  the  Court  is  held,  or  at  furthest  within  sixteen  ||  miles  of 
it,  and  is  not  disabled  by  sicknesse,  or  other  infirmity ;  the  said  Tes- 
timony so  taken  out  of  Court  (especially  in  capital  causes)  shal  not  be 
received,  or  made  use  of  in  Court,  except  it  were  either  at  first,  taken 
in  the  presence  of  the  party  testified  against,  or  that  the  witnesse  be  after 
present  in  Court,  to  be  (if  there  be  cause)  further  examined  about  it. 
And  it  is  further  ordered.  That  any  person  (by  warrant  from  a  Magis- 
trate, or  other  Officer  thereunto  authorised)  summoned  to  appeare  as 
a  witnesse,  in  any  civil  case  betwixt  party  and  party,  shal  not  be 
compellable  to  travel  to  any  Court  in  another  Plantation,  where  he  is 
to  give  his  testimony,  except  he  who  procured  the  summons,  shal  first 
lay  down,  or  give  him  satisfaction  for  his  travel,  and  expences  outward 
and  homeward,  after  the  rate  of  two  shillings  a  day,  in  proportion  to 
the  length  of  the  way,  and  for  such  time,  as  he  shal  necessarily  spend 
in  attendance  about  such  case,  at  the  Court  or  place,  due  recompence 
shal  be  awarded  by  the  Court.  And  if  any  witnesse  so  summoned, 
and  after  such  payment,  or  satisfaction,  shal  fail  to  appeare,  to  give 
his  testimony,  he  shal  (upon  an  action  of  the  case)  be  liable  to  pay 
the  parties  dammages.  And  the  like  appearance  (under  such  penal- 
ties as  the  nature  and  weight  of  the  case  may  require)  shal  all  wit- 
nesses (being  so  summoned)  be  bound  to  make,  to  give  evidence  in 


NEW   HAVEN   COLONY  LAWS.  615 

criminal  causes,  who  shal  also  have  due  satisfaction  from  the  Treas- 
urer, upon  notice,  and  direction  from  the  Secretary  of  the  Court, 
where  the  cause  was  tried.  And  it  is  further  ordered,  That  in  all  such 
causes,  the  charges  of  the  witnesses  shal  be  born  by  the  Delinquent, 
and  shal  be  added  to  the  Fine,  or  censure  imposed.  That  what  the 
Treasurer  upon  such  warrant  from  the  Court,  shal  disburse  to  the 
witnesses,  may  be  duly  repaid  by  the  offender,  that  neither  the  Juris- 
diction nor  Plantation  be  unnecessarily  burdened. 

Wolves. 

UPon  experience  of  great  hurt  already  done  by  Wolves  in  these 
parts,  and  upon  consideration  how  mischievous  the  increase  of 
them  may  prove :  It  is  (for  the  incouragement  of  all  such  as  wil  set  them- 
selves to  kil,  and  destroy  them)  Ordered ;  That  whosoever  shal  kil  an 
old  Wolf  within  this  Jurisdiction,  and  bring  his  head,  shal  have  for 
the  same  20s.  and  for  each  young  Wolf  so  kild,  and  brought  10s. 
And  that  the  Indians  have  for  each  old  Wolfes  head  so  kild  five 
[79]  shiUings ;  and  for  ||  each  young  one  2s.  &  6c?.  which  several 
summs  are  to  be  paid  by  the  Plantation,  within  the  Limits  wherof, 
any  such  Wolfe  is  kild ;  The  bounds  whereof,  are  the  Lines  betwixt 
each  plantation ;  and  to  this  purpose,  so  to  be  accounted  12  miles  up 
into  the  Country. 

Some  presidents,  and  formes  of  things  frequently  used. 

TO   (A.  B.)  Husbandman  of  {W)  you  are  to  appeare  at  the  next 
Court,  holden  at  (N)  on  the  day  of  the  month  next 

ensuing,  to  answer  the  complaint  of  (C:  J}.)  for  with  holding  a  debt  of  summons. 

due  upon  a  Bond  or  Bill,  Sfc.  or  for  a  horse  ^c.  sould 
you  by  him,  or  for  work,  or  for  a  IVespass  done  him,  in  his  Come,  or 
Hay,  by  your  Cattel,  or  for  a  defamation,  or  Slander,  you  have  raised, 
or  brought  upon  his  name,  or  for  striking  him,  or  the  like.  And  hereof 
you  may  not  fail  at  your  peril.     Dated  the  day  of  the 

m,onth,  1655. 

To  the  Marshal  or  Constable  of  (N.)   or  to  his  Deputy;  you  are 
required  to  attach  (when  the  case  requires  it)  the  body,  and  goods,  of  ^^  Attach- 
(E:  F.)  and  to  take  Bond  of  him,  to  the  value  of  with     ment. 

sufficieiit  surety,  or  sureties,  for  his  appearance,  at  the  next  Court 
holden  at  (N.)  on  the  day  of  the  month,  then  and  there 

to  answer  the  complaint  of  (G:  H.)  for  ^c.  as  before.  And  so  make  a 
true  Returne  thereof  under  your  hand.     Dated  the  day,  Src 

Know  all  by  these  Presents,  That  we  (E:  F.)  of  (M.)  Husbandman; 
And  (I:  K.)  of  the  same  Plantation  Carpenter,  do  bind  ourselves,  our 
Heires,  and  Executors  to  (L:  M.)  Marshal,  or   (N:  O.)   Constable  o/sondforap- 
(N.)  aforesaid,  in  pounds,  upon  condition,   That  the  said    pearaace. 

(E:  F.)  shal  personally  appeare  at  the  next  Court  at  (N)  to  answer 
(G:  H.)  in  an  Action  of  And  to  abide  the  Order  of  the  Court 

therein  ;  And  not  to  depart  without  license. 

To  the  Marshal  or  Constable  of  you  are  required  to  Replevi 

■two  Heifers  of  (P:  R.)  now  distreyned,  or  impounded  by  (S:  T:)    And 


616 


NEW   HAVEN   COLONY  LAWS. 


Replevin. 


Oath  of 
FideUty. 


Governors 
Oath. 


Deputy  Gov- 
ernor, and 
Magistrates. 
Other  Offi- 
cers and 


to  deliver  them  to  the  said  (P:  R.)  Provided  he  give  Bond  to  the  value 
of  with  sufficient  surety,  or  sureties,  to  jjroseciite  his  Replevin, 

at  the  next  Court  holden  at  (S.)  And  so  from  Court  to  Court,  til  the 
cause  he  ended;  And  to  pay  such  costs,  and  damages  as  the  said  (S. 
T.)  shal  by  law  recover  against  him;  And  so  make  a  true  Return 
thereof,  under  your  hand.     Dated  S^c. 

You  (S:  T.)  heing  by  the  providence  of  God,  an  Inhabitant  within 
Newhaven  Jurisdiction,  do  freely,  and  sincerely  acknowledge  yourself 
to  be  subject  to  the  Government  thereof;  And  do  here  sweare  by 
[80]  II  the  great  and  dreadfid  name  of  the  everlasting  God,  That  you  wil 
be  true,  and  faithful  to  the  same  ;  And  wil  yeild  due  assistance  there- 
unto, with  your  person,  and  Estate,  as  in  equity  you  are  bound;  and 
wil  tridy  indeavour  to  entertain  and  preserve  all  the  liberties  and  priv- 
iledges  thereof,  submitting  yourself  to  all  the  just  and  wholsome  Laws, 
and  Orders,  which  already  are,  or  hereafter  shal  be  by  lawful  Authority 
there  made,  and  established.  And  further  that  you  will  neither  plot, 
nor  practise  any  evil  against  it,  nor  consent  to  any  that  shal  so  do. 
But  wil  fully,  and  timely  discover  the  same  to  lawful  authority  there 
setled,for  the  speedy  preventing  thereof  And  that  you  wil  as  in  duty 
you  are  bound,  maintaine  the  honour  of  the  same,  and  of  all  the  lawful 
Magistrates  thereof,  promoting  the  publick  good  whilst  you  shal  con- 
tinue an  Inhabitant  there  ;  And  whensoever  you  shcdl  be  duly  called  as 
a  free  Burgess,  according  to  the  fundamental  Order,  and  agreement 
for  Government  in  this  Jurisdiction,  to  give  your  Vote,  or  suffrage 
touching  any  matter  which  concerneth  this  Colony  ;  you  shall  give  it  as 
in  your  Conscience  you  shall  judge  may  conduce  to  the  best  good  of  the 
same,  without  respect  of  person,  or  favour  to,  or  from  any  man.  So 
help  you  God  in  our  Lord  Jesus  Christ. 

Whereas  you  (A:  B.)  a?-e  chosen  to  the  place  of  Governor,  loithin 
this  Jurisdiction  for  the  insuing  year ;  And  til  a  new  Governor  be 
chosen,  and  sworn,  you  do  here  swear  by  the  great  ^  dreadful  name 
of  the  ever  living  God,  to  ynaintaine  (according  to  your  best  ability) 
all  the  lawful  priviledges  of  this  Common-wealth  ;  according  to  the 
fundamental  Order  and  agreement  made  for  Government  thereof.  And 
that  you  wil  carry  and  demean  yourself  for  the  said  time  of  your 
Government,  According  to  the  Laws  of  God,  and  for  advancement  of 
his  Gospel,  The  Laws  of  this  Colony,  And  the  good  of  the  Inhabitants 
thereof,  you  shal  do  Justice  to  all  without  partiality,  as  much  as  in 
you  lyeth.     So  help  you  God,  SfC. 

Whereas  you  (C:  D.)  are  chosen  to  the  place  of  Deputy  Governor 
^•c.  or  you  (E:  F.)  are  chosen  to  the  place  of  a  Magistrate  S^c.  as  in 
the  Governors  Oath,  mutatis  mutandis. 

Several  other  Oatlis  are  to  be  administred  to  other  Officers,  as  Secretary,  and 
Treasurer  for  the  Jurisdiction,  Deputies  for  particular  Courts,  Marshal,  Consta- 
ble, Witnesses,  &c.  But  the  substance  of  their  Oaths  is  to  ingage  them  to  a 
faithful  discharge  of  the  duty  of  their  places,  and  trust,  according  to  the  best  of 
their  ability,  to  preserve  the  peace  of  the  Jurisdiction,  And  to  give  ful  and  true 
evidence,  in  the  cases,  wherein  they  give  testimony. 

FINIS. 


INJ)EX 


Abbott,  Peter,  300. 

Abbott,  Robert,  302. 

Accorley,  Accerley,  Henry,  216, 223,  294. 

Accounts  of  the  jurisdiction  to  be  recorded,  218, 

405. 
Actions  in  court,  572. 
Adams,  George,  497,  542. 

Adams,  Thomas,  suspected  to  be  the  king,  60. 
Adams,  Goodman,  223. 
Adultery,  laws  concerning,  212,  576. 
Akerly,  Anne,  461. 
Albers,  Alvers,  Hans,  384,  399. 
Alcocke,  John,  499. 
Alcot,  Mrs.,  307. 
Allen,  Mr.,  454. 
AUen,  John,  341.  357,  424. 
AUerton,  Isaac,  126,  127, 142,  204,  293,  417 ; 

settlement  of  his  estate,  307,  354. 
Ailing,  Roger,  91,  306,  309,  356,  401,  445,  447, 

452,453,484,490; 

treasurer,  403,  451,  488,  543. 
Allyn,  Mr.  [Matthew,]  368,  468,  476,512  ; 

present  atRosseter's  trial,  454. 
Allyn,  John,  475,  476,  495,  512,  516,  530,  546, 

549,  551. 
Alsopp,  Joseph,  89, 286,  309,  316,  355. 
Ambler,  Richard,  goodman,  105,  335,  381,  459. 
Andrewes,  Samuel,  424,  550. 
Andrewes,  William,  295,  306,  409,  416. 
Andrewes,  William,  Jr.,  wife  divorced  from,  425. 
Archer,  John,  380. 
Articles  of  confederation,  562  ; 


Astwood,  Capt.  John,  4,  15,  18,  23,  26,  29,  36, 

45,  211; 

.magistrate  for  Milford.  1,  91 ; 
V     agent  to  solicit  aid  against  the  Dutch,  37. 
Atherton,  Major,  499. 
Attachments,  law  of,  573. 
Atwater,  David,  158,  484. 
Atwater,  Joshua,  35,  233,  307 ; 

treasurer,  1 ; 
Atwater,  Mrs  ,  29,  33. 

Auger,  Nicholas,  24, 108, 142,  274,  305,  379. 
Austin,  Astiue,  John,  210, 294. 

Bache,  Samuel,  502. 

Bacon,  Henry,  Nathaniel,  Thoma?,    William, 

depositions  concerning,  427. 
Baldwin,  John,  72,  263,  280,  289,  384,  424,  450. 
Baldwin,  goodwife,  83,  86. 
Baldwin,  Timothy,  203,  486. 
Baldwin,  Richard,  148,  178,  200,  211,  214,  221, 

226,  232,  265,  276,  313, 361,  399,  449, 455, 486, 

490,  551 ; 

ensign,  108; 

moderator  of  Paugasset,  157  ; 

deputy  for  Milford,  429,  451,  477,  488,  .500, 

513,  540. 
Bankes,  John,  77. 
Barlow,  goodwife,  84. 
Barnes,  Edmund,  276. 


Barratry,  law  concerning,  574. 
Barret,  Samuel,  99. 
Bartlett,  George,  108,  257  ; 

deputy  for  Guilford,  488,  500,  544. 
Bartrum,  John,  263. 

Bassett,  goodwife,  executed  for  witchcraft,  81, 
85; 

will  of  presented,  159 ; 
Bassett,  John,  90. 
Bassett,  Robert,  62,  108, 164  ; 
makes  disturbance  at  Stamford,  47,  54 ; 
trial  of,  58,  94. 
Batter,  Mr.,  355,  417. 
Baxter,  Thomas,  44,  58,  66,  67  ; 
his  boat  seized,  26 ; 
to  be  captured,  48,  50  ; 
trial  of,  75. 
Beacher,  Hannah,  357. 
Beard,  John,  209,  486. 
Beard,  naiiuiih,  2(19. 
Becklcv,  l!irh:ii(l,  r,9,  295,  341. 
Beldiu-.  ,io]iii,  Ut. 

Bell,  f  laiicis,  L',  r,u,  63,  99, 105, 176,  185,  204, 
242,  293,  294,  3U3,  320,  348,  363,  453,  551 ; 
deputy  for  Stamford,  2.  4,  18,  47,  58,  92,  96, 
119, 141, 147, 169, 172,  214,  232, 235,  297, 403 
405,429,451,488,513,544; 
lieutenant,  145  ; 
constable,  304,  369. 
Bcnfield,  WilUam,  134. 
Benham,  John,  63,  294,  485 ; 

circulates  a  seditious  writing,  403. 
Benidict,  Thomas,  237,  350 ; 
desires  to  join  with  Southold,  96. 

Benjamin, ,  161. 

Bennett,  Henry,  500. 
Benzio,  Mr.,  133. 
Betts,  Hannah,  504. 

Betts,  Mary,  burns  John  Cooper's  barn,  504. 
Betts,  Thomas,  391. 
Biley,  John,  317. 

Bills  and  specialties,  law  concerning,  574. 
Bishop,  Mrs.,  31,  33. 
Bishop,  Anne,  449. 

Bishop,  J.ames,  276,286,  350,  400,  401,447,450, 
475,  483,  497,  501,  530,  536, 551 ; 
secretary,  403,  451,  488,  543  ; 
deputy  for  New  Haven,  418,  422,  429,  451, 
477,  488.  500,  513,  540 ; 
Bishop,  John,  159,  165,  244,  246,  303,  313,  364. 
449,  452,  512,  539  ; 
trial  of,  434. 
Black  Eagle  ship  seized  by  Capt.  Penny,  .327. 
Blackmau,  [Adam,]  490. 
Blackman,  James,  150. 
Blasphemy,  law  against,  570. 
Blayden,  William,  448. 
Blinkensopp,  Mr.,  317. 
Blinman,  Mr.,  301. 
Boarman,  William,  99. 
Booth,  John,  285,  302,  .313. 
Boston,  107,  268,  317,  318,  -3.55,  411. 
Botsford,  Henry,  109. 


618 


104, 


,415,417,449,486. 
,226,233,204,355. 


Boutle,  Henry,  32,  34. 

Boykin,  Jarvis,  109,  257,  276, 293, 301 

355,  448. 
Braclfield,  Bradford,  widow,  186,  223 
Bradley,  Daniel,  357,  360. 
Bradley,  Francis,  208. 
Bradley,  William,  158,  358,  360, 447. 
Bradstreet,  Simon,  18,  45, 499. 
Branford,  2,  4,  15,  18,  47,  50,  58.  92 

127. 141,  300,  453 ; 
deputies  chosen  for,  3,  96, 148, 172. 

Bread,  assize  of,  regulated,  574. 

Brenton,  Mr.,  396. 

Brewster,  Elizabeth,  33,81,  85. 

Brewster,  Mary,  83,  85. 

Bristow,  Richard,  438. 

Brocket,  John,  24,  108,  292,  409. 

Brookes,  John,  230. 

Browne,  Francis,  319,  345,  347,  378,  380,  401, 

429,  452,  457,  497,  530. 
Brown,  John,  200,  203,  429. 
Brown,  Martha,  381. 
Brown,  Peter,  293. 
Brown,  Thomas,  381. 
Bruudish,  Bethia,  83. 
Brush,  Thomas,  159. 
Bryan,  Alexander,  Ensign,  28,  53,  69,  76,  80, 

136. 142,  155,  203,  247, 248,  285, 300.  309. 314! 
341,  348,  354,  363,380,  T""   ■--'-- 

Bryan,  Richard,  182, 203, 
Buckinghfim,  Anne,  286. 
Buckingham,  Daniel,  444. 
Buckingham,  Thomas,  214,  286 ; 

deputy  for  Milford,  169,  195. 
Buckley,  Mr.,  88. 
Budd,  John,  Lieutenant,  2,  97,  143,  160,  218, 

850,  300,  392,  399  ; 

deputy  for  Southold,  214  ; 

constable,  215. 
Budd,  John,  jr.,  348,  350,  353. 
Bull,  Lieutenant,  540. 
Burglary  and  theft,  how  punished,  575. 
Burrall,  Burwell,  John,  278,  390. 
Burrall,  Samuel,  289, -890. 
Burrett,  Thomas,  72. 
Buxton,  Clement,  293. 

Cable, ,  273. 

Cable,  Sarah,  83. 

Caffinch,  Samuel,  276. 

Camp,  Edward,  206,  211,  277,  390,  401. 

Camp,  Nicholas,  257,  389,  480. 

CancUe,  sale  by  inch  of,  74,  133. 

Capital  laws,  676. 

Capshaw,  161. 

Captains  to  be  chosen,  361. 

Carman,  Mrs.,  89. 

Carter,  Henry,  306. 

Carwithy,  Caleb,  120. 

Carwithy,  Philip,  120. 

Case,  Henry,  350. 

Cask,  size  of  regulated,  24,  43,  96,  147,  154, 

578. 
Cattle  restrained,  579. 
Chapman,  John,  44,  48,  55, 56,98,  204  ; 

trial  of,  61. 
Chapman,  Robert,  391. 
Charges,  public,  law  regulating,  581. 
Charles,  John,  213. 
Chatfield,  George,  539. 
Chaj-es,  Doctor,  66. 
Cheever,  Mr.  Ezekiel,  31. 
Cheever,  Hannah,  448. 
Cheston,  Roger,  93. 
Chiffinch,  Thomas,  499. 
Chittenden,  WilUam,  417  ; 

deputy  for  Guilford,  2,  4,  IS,  36,  47,  50,  58, 

68,  92,  100,  107, 117,  119, 127, 141,  153, 169, 

195,  214,  232,  297. 


Church,  Edward,  252. 

Church,  Richard,  252. 

Cider  not  to  be  retailed,  299,  362.     - 

Clarke,  Captain,  317, 355,  454. 

Clarke,  Daniel,  117,  409,  495. 

Clarke,  George,  Deacon,  386,  389,  411,  418,  424, 

450,  486; 

deputy  for  Milford,  544. 
Clarke,  James,  137,  262,  306. 
Clarke,  Mary,  137. 
Clarke,  Thomas,  539. 
Clawson,  Stephen,  381. 
Closse,  Thomas,  325. 
Cogner,  Edward,  398. 
College  proposed  to  be  set  up,  141,  370. 
Commissioners  of  United  Colonies,  chosen,  1, 

92,  111,  140,  168,  213,  231,  297,  359,  402,  451, 

488,  543 ; 

order  of,  making  Dutch  vessels  prize,  44  ; 

send  men  against  Ninigret,  119  ; 

proceedings  of  to  be  recorded,  218 ; 

New  Haven  complains  to,  495. 
Comstock,  Christopher,  83. 
Concklyn,  John,  159,  161,  349,351. 
Concord,  245. 
Confederation,  Articles  of,  562  ; 

declared  to  have  been  broken  by  Massachu- 
setts, 37; 

Massachusetts  proposes  to  revise  articles  of, 

38; 

recall  their  interpretation  of  articles,  147. 
Connecticut.  3,  16,  18,  43,  60,  62,  77,  116, 119,, 

173,  411,  423,  443,  454, 465,477,  488,  513,  -541, 

545; 

dissatisfied  with  the  Massachusetts  declara- 
tion, 4 ; 

unite  to  purchase  a  ship  ;  14,  17  ;      "^ 

treaty  to  be  made  with,  37,  38 ; 

letters  written  to,  37,  48,  469,  471.  473,  500, 

552,  555 ; 

letters  from,  409,  468,  553 ; 

unite  in  letters  to  Mass.,  40,  109, 117 ; 

send  to  arrest  Baxter,  50,  53  ; 

unite  against  the  Dutch,  108  ; 

desires  a  synod,  195 ; 

Gov.  Newman  arrested  at,  309,  367 ; 

claims  New  Haven,  409  ; 

propositions  of  for  union,  475,  492,  516  ; 

answer  to  propositions  of,  476,  516  ; 

remonstrance  to,  477,  479  ; 

proposals  to,  concerning  terms  of  union,  491, 

516; 

Gov.  Winthrop's  letter  to  court  of,  498  ; 

letter  of  exemption  from  to  be  sought,  602  ; 

proceedings  of  council  of,  512,  516, 546,  548  ; 

submission  to,  voted,  546,  551 ; 

committee  appointed  to  consummate  union 

with,  551 ; 

bounds  of  determined  by  royal  commission- 
ers, 555. 
Cooke,  EUis,  192. 

Cooke,  Lieutenant,  of  Hartford,  54. 
Cooley,  Samuel,  200,  206. 
Cooper,  Oowper,  John,  109,  171, 190,  248,  270, 

275,  292, 294,  305,  310,  349, 355,  399,  400, 401 

409,  411,  415, 416,  445,  453, 454,463, 483, 485 ; 

proposes  to  remove  to  Delaware,  128  ; 

his  barn  burned,  504  ; 

deputy  for  New  Haven,  403,  418,  422,  429, 

451. 
Cooper,  Thomas,  190, 358, 400. 
Corey,  John,  285,  302,  313,  351. 
Corn  viewers  to  be  appointed,  98. 
Cpniehusson,  Laurence,  124. 
Cotton,  Rev.  John,  147. 
Council  appointed,  3, 17, 109,  453,  472,  488  ; 

order  for  repealed,  104. 
Court  of  magistrates  may  sit  in  any  plantation, 

515. 


INDEX. 


619 


Coventry,  Jonathan,  139. 

Crabb,  Richard,  204,  216,  320,  380 ; 

to  be  seized,  176.  376  ; 

trial  of,  242 ; 
Crampton,  Dennis,  539. 
Crane.  Henry,  539. 
Crane;  Jasper,  3,  38,  157,  208,  242,  258,  274, 

347,  377,  384,  388, 410,  416, 418,  422,  429, 452, 

455,  458,  477,  483,  497,  500,  513,  544  ; 

deputy  for  Branford,  2,  4,  18,  36,  47,  50,  58, 

68,  92",  96,  100,  107,  117,  119,  127,  140,  148, 

153,  169, 172, 195,  214 ; 

magistrate,  231.  297,  359,  402,  451,  488,  543 ; 

autograph  of,  469. 
Cranfield,  Robert,  150. 
Oreiger,  Capt.  Martin,  76,  338. 
Crittenden,  (.'ruttenden,  Abrah'm, 418, 449, 539. 
Crittenden,  Isaac,  512,  539. 
Crittenden,  'J'homas,  435,  539. 
Cromwell,  Oliver,  107 ; 

soUcited  for  aid  against  the  Dutch,  37  ; 

letter  received  from,  100  ; 

answered,  112 ; 

invites  removal  to  Jamaica,  180. 
Croton,  401. 

CuUicli,  John,  45,  258,  371. 
Curwin,  Mathias,  358,  400. 
Curwin,  TheophUus,  350. 
Custom  on  wines,  etc.,  145,234,  452,  591. 

Daniel,  Edward,  485. 

Daniel,  Mr.,  307. 

Davenport,  John,  35,  78,  90, 129, 197,  301,  364, 

408,409; 

preaches  about  witches,  29  ; 

one  of  a  committee  to  draw  up  a  history,  217 ; 

resigns  writings  concerning  Hopkins  bequest, 

356,  369 ;  ^ 

autograph  of,  469 ; 

to  draw  up  statement  of  grievances,  514. 
Davenport,  John,  jr.,  390,  416,  424. 
Davenport,  Mrs.,  79, 306,  422,  455,  467,  470. 
Davis,  Martha,  448. 
Davis,  William,  129,286,  307,  356. 
Dayton,  lUlph,  159. 
Delaware  Bay,  31 ; 

letter  sent  to  Swedes  at,  112  ; 

propositions  for  settlement  of,  128-131 ; 

patent  for  to  be  obtained,  515  ; 

letter  to  Col.  NicoUs  about,  552. 
Denison,  Daniel,  499. 
Denisou,  Robert.  264. 
Deny,  Robert,  225. 
Deputies,  proposed  to  have  them  under  oatli,  96; 

to  be  maintained  by  the  several  towns,  145. 
De  Sille,  Nicasius,  3.38. 
De  Voz,  Matthew,  336. 
Dickerman.  Abraham,  505. 
Disbrow,  Peter,  255,  411,  3?j , 
Divorce,  law  of,  478,586. 
Dormer,  Edward,  277. 
Dowlittle,  Abraham,  226,  292,  401,  405,  485  ; 

marshall,  451,  488,  543. 
Downe,  John,  249. 
Downes,  Edmund,  246. 
Dowries,  law  of,  3(33. 586. 
Dudley,  WUliam,  25'7, 286,  449. 
Dunk,  Thomas. 275,  306. 
Dutch,  55 ; 

war  :ii;ainst,  4,  107  ; 

peace  with,  109  ; 

trade  prohibited  with,  25,  112  ; 

application  to  England  for  aid  against,  37, 

100. 

Eason,  Capt.,  56. 

East,  WiUiam,  Serjeant,  90,  183,  200,  206,  226, 

232,  271,  311, 355. 
Easton,  Henry,  121,  150. 


Eaton,  Theophilus,  4,  18,  26,  29,  36, 45,  47,  50, 

58,  68,  100,  105, 107, 117,  119,  121.  124,  127. 

132, 134, 150, 153, 158, 182, 186, 189, 195, 198, 

223,226; 

governor,  1,  91,  140, 168,  213 ; 

commissioner,  1,  111,  140,  168,  213  ; 

to  revise  laws,  146,  154 ; 

letter  of  to  Massachusetts,  196 ; 

tomb  for  erected  at  public  expence,  233,  408  ; 

will  presented,  258  ; 

funeral  at  public  charge,  405. 
Eaton,  Mrs.  Anne.  234,  257. 
Eaton,  Samuel,  100,  107,  117,  119, 121, 124, 127, 

129, 1.32, 134, 143, 188  ; 

magistrate,  91,  140. 
Ecclesiastical  matters,  laws  concerning,  587. 
Education,  laws  concerning,  376,  583 ; 

proposed  to  set  up  college,  141,  370 ; 

schools,  219 ; 

grammar  school,  301,  374,  458,  471 ; 

Sir.  Hopkins'  bequest  for,  356. 
Edwards,  William,  304. 
Eland,  Sarah,  150. 
Elcot,  Anthony,  108,  199. 
Election  courts,  1,  91,  140,  168,  213,  231,  297, 

359,  402,  451,  488,  543. 
Election  dinner  to  be  provided,  52. 
Election    sermon,    Mr.     I'rudden    desired    to 

preach,  66. 
Ellitt,  William,  53,  54,  134, 181. 
ELsy,  Nicholas,  43. 
Emry,  goodwife,  123. 
Endicott,  John,  18,  511. 
England,  John,  186. 
Estates,  distribution  of,  304,  613. 
Evance,  Mr.  John,  132,  307,  387,  416. 

Fail-field,  44,  50,  52,  72,  75,  77,  122,  229,  277, 

315,  339 ; 

votes  to  go  against  the  Dutch,  47 ; 

witch  executed  at,  78. 
Fairs  at  New  Haven  discontinued,  147. 
Fast  days  appointed,  109,  120,  132,  154,  194, 

465,  503,  542. 
Farneden,  Lucy,  497. 
Feake,  Robert,  144. 
Fellowes,  Richard,  358. 
Fenn,  Benjamin,  3,  23,  38,  72,  100,  107,  117, 

119, 121, 124, 127, 132, 134, 150, 153, 158, 179 

187, 189,  195, 198,  200,  206, 211, 223,  226, 242, 

256,  258,  263,  270,  280,290,385,418,  422,425, 

429;  44(»,  450.  452,  455,  458,  465,477, 483, 495 

500,  516,  544  : 

deputy  for  Milford,  2,  4, 18,  36, 47,  50, 58, 68  ; 

commis.siouer,  402,  451,  488  ; 

magistrate,  91, 140,  108,  213,  231,  297,  402, 

451,  488,  543 ; 

autograph  of,  469. 
Fermau,  Mrs.  Sarah,  209,  265. 
Ferris.  Jeffrey,  159. 
Ferris,  John;  223,  293. 
Ferris,  Joseph,  216. 
Ferris,  Peter,  216. 
Field,  Mr.,  543. 

Finch, ,  67. 

Fiuch,  Goodwife,  487. 

Finch;  Isaac,  325. 

Finch,  John,  75,  76. 

Fire,  penalty  for  wilfully  causing.  175, 589. 

Fis,  Jacob,  337,  338. 

Fish,  John,  150. 

Fitch,  James,  present  at  meeting  in  Guilford, 

231; 
Fitch,  Joseph,  468. 
Fletcher,  John,  2<m3,  286, 427, 449,  486  ; 

deputy  for  Milford,  297, 403,  418,  422. 
Fletcher,  Mary,  427. 
Flushing, 161, 411. 
Ford,  TunOthy,  260,  485. 


620 


INDEX. 


Ford,  Thomas,  486. 

Fornication,  how  punished,  590. 

Fowler,  .Tohn,  236,  257,  300,  41S,  44U,  452,  551 

deputy  for  Guilfunl,  403,  422,  513,  540. 
Fowler,  n-illi;iiii.  2,  3(j,  47,  5<i,  53,  08,  72,  77. 

84,  1.32,  134,  200,  220,  230,  SOO,  44<J  ; 

magistrate,  1  ; 

deputy  for  Milford,  213. 
Freeman,  Stephen,  226. 
French.  Francis,  211. 
Frost,  air,,  159. 

Frost,  Abraham,  53,  204, 216,  324,  379. 
I'rost,  John,  466  ; 
^  burns  Mr.  Gibbard's  bam,  169. 
Fundamental  agreement  for  government,  567  ; 

to  be  enforced,  177,  403. 

Gal.ry,  Tiuiothrus,  337,  338. 

Gamin- I'^ibiaa.  11.  155,590. 

Garret,  .Mr.,  17i;.  1^>\. 

Garrett,  Jteiiuick,  308. 

Gibbard,  ^Villiam,  3,  281,  328,  357,  359,  440  ; 
deputy  for  New  Haven,  2,  4, 18,  36,  47, 50,  58, 
68,  100,  107,  117,  119,  127,  153,  169, 195,  213, 

his  house  burned,  169  ; 

secretary,  231,  297,  359  ; 

magistrate,  402,  451 ; 

will  presented,  484. 
Gibbins,  William,  309,  485. 
Gibbs,  John,  277,  307. 
Gilbert,  Matthew,  90,  203,  242,  250,  258,  286, 

307, 325,  349,  377,  384,  389, 390, 419, 424, 441. 

448,477,484,516;  ' 

magistrate,  231,  297,  359.  543  ; 

deputy  governor,  402, 45l,  488  ; 

autograph  of,  469. 
Ginnc,  John,  605, 
Glover,   Charles,  291,  351,  359,  360,  392,  399. 

400,411,413;  '        '        '        J        '        . 

lieutenant,  407. 
Glover,  Elinor,  ^56,  448,  484. 
Glover,  Henry,  90,  213,  357,  448,  484. 
Godman,  Elizabeth,  306,  498  ; 
*-6uspected  of  witchcraft,  29,  151. 
Goffe  and  Whalley,  387,  415, 419,  437,  451. 
Gold,  Nathan,  339. 


Goodwin,  William,  371. 

Goodyeare,  Stephen,  2,  3,  4.  18,  23,  26,  28,  29, 

36,  43,  47,  48,  50,  58,  61,  68,  77,  91,  99, 100 

111,  119, 121, 124, 127, 132, 152, 158, 165  182 

186, 195, 204,  220, 231, 254,  258, 287, 357, 379  I 

deputy  governor,  1,  91,  140,  168,  2l3  ; 

suffers  from  witchcraft,  30  ; 

proposes  to  go  to  Delaware,  131 ; 
f    freed  from  rates,  181 ; 
,,  settlement  of  his  estate,  268,  274,  285,  304. 

416  ; 
Goodyeare,  Mrs.  Margaret,  259,  285,  292,  305, 

417. 
Gookin,  Capt.,180,  293,  309. 
Gould,  goodwife,  80,  83,  87. 
Governor,  salary  of,  15,  99,  181,  221,  236  804 

364,405,472,490,504;  oo,  ov-±, 

■   freed  fro^  rates,  99. 
Graden,  3ohn,  135. 
Grammar  school  to  be  set  up,  301, 374,  458  • 

Mr.  I'eck,  master,  377*5  407  ;  ' 

laid  down,  471. 
Grave,  John,  539. 
Grave,  William,  275. 
Gravesend,  73. 
Gray,  Robert.  286. 
Greene,  John,  318. 
Greenwich,  50,  135,  242,  323,  376,  411,  452  • 

Stamford  complains  of,  144 ;  ' 

to  submit,  145,  176 ; 
refuses  submission,  185 ; 


Greenwich,  submission  of,  216 ; 

to  send  in  lists,  235  ; 

rates  remitted,  302  ;   .. 

accepted  under  Connecticut,  466. 
Gregson,  Thomas,  519. 
Griggs,  John,  3,  35,  336. 
Grove,  Philip,  121, 151. 
Guardus,  Robert,  426. 
Guernsey,  Joseph,  123,  348,  487. 
Guilford,  2,  4,  18,  25,  36,  47, 50, 58,  92, 104, 108. 

127, 128, 141,  173,  236,  253,  257,  377,  501 ; 

troopers  raised  from,  173 ; 

offer  Mr.   Whitfield's    house    for  grammar 

school,  301 ; 

disorders  at,  403,  429,  513,  527  ; 

portion  of  inhabitants  of,  submit  to  Connec- 
ticut, 466 ; 

John  Meigs,   constable  for   Connecticut   at, 

483. 
Gunn,  Jasper,  390,  424  ; 

deputy  for  Milford,  477. 

Haines,  Hindes,  James,  158. 

Makins,  Joseph,  289. 

Hall,  Francis,  137. 

Hall,  Isaac,  2-30. 

Hardy,  Richard,  321. 

Ilarriman,  John,  17,  23,  46,  91,  306,  368,  472, 
485. 

Harrison,  Richard,  186,  208,  294. 

Harrison,  Thomas,  199,  294. 

Hartford,  54,  75,  109,  119,  129,  144,  252,  300, 
304,371,379,447,496;  '  '  '  '  ' 
troubles  in  church  at.  194. 

Hashamammock,  219,  234,  299,  350. 

Uawes,  Bethia,  263,  289. 

Ilawley,  Mr.,  211. 

Hawthorne,  William,  18,  45. 

Uaynes,  John,  37. 

Hayward,  James,  307. 

Ilempsted,  11,  90. 

Herbert,  John,  06, 143, 158,  358 ; 
declines  oath  of  fidelity,  51. 

Herd,  John,  418. 

Herdman,  John,  271,  313,  348,  415,  440. 
Heresy,  law  concerning,  590. 
Hickcocks,  Mr., 259,  274,  306. 
Hide,  Humphrey,  339. 
Higby,  Edward,  121,  139,  149. 
Higginson,  John,  217, 
Hill.  John,  539. 
Hinde,  EUzabeth,  209,  265  ; 
Hinde,  Thomas,  209. 

History,  committee  appointed  to  draw  up,  217. 
Hitchcock,  Edward,  294 ; 
Hitchcock,  Mary,  230. 
Hobby,  John,  325. 
Hodgskin,  Samuel,  446. 
Holly,  Mr.,  151. 

Holly,  John,  236, 293,  300,  452, 486 ; 
deputy  for  Stamford,  96, 147,477. 
Homonossock,  450. 

Hooke,  WilUam,  29,  90.  129,152,  197,  306. 
Hooke,  Mrs.,  31,  35,  129. 
Hooke,  Jane,  31,  35. 
Hooker,  Samuel,  466. 
Hopewell,  Thomas,  208. 
Hopkms,  Edward,  154,  186,  310  ; 

writings  concerning  his  bequest,  356,  369. 
Hopkins,  Samuel,  126. 
Hopper,  Daniel,  54,  248. 
Horses  to  be  kept  for  public  use,  2,  103,  173  : 

repealed,  23, 112 ; 

njit  to  be  sent  out  of  the  jurisdiction,  3 : 

to  be  branded,  234,  590. 
Horton,  Barnabas,  143, 159,  219,  292,  300,  358, 

398,400;  ' 

deputy  for  Southold,  92, 100,  169,  232,  298, 

constable,  95, 172,  236,  304, 


621 


llorton,  Joseph,  291. 
Uorton,  Richard,  319. 
House,  Edward,  318,  347,  378. 
nowe,  Nathaniel,  430,  505. 
Howe,  Zachariah,  505. 
Howe,  Jeremiah,  235. 
Howell,  John,  192. 
Uubball,  Richard,  171 ; 

tried  for  sedition,  433. 
tfubhard,  George,  157,  2.53,  2.57,  410,  422  ; 

deputy  for  Guilford,  127,  141,  158,  214,  232, 

297,418,429,451. 
Hubbard,  William,  323. 
Hudson,  John,  162,  173,  195,  210,  255,  341,  368, 

387,  416,  454. 
Hudson,  William,  499. 
Hughes,  Joshua,  122. 
Hughes,  Richard,  286,  30G. 
Hull,  Edward,  seizes  Baxter's  boat,  26. 
Hull,  Cornelius,  83. 
Hull,  Rebecca,  83. 
Hull,  Richard,  484. 
Hunt,  Thomas,  164. 
Huntington,  town  of,  247,  398 ; 

desires  to  join  the  colony,  236,  299. 
Uusted,  Hustis,  AngeU,  216,  294,  325. 
Husted,  Elizabeth,  204. 
Hutchinson,  Edward,  499. 
Huxley,  Thomas,  448. 
Hyatt,  Thomas,  487. 
Hylend,  George,  539. 

Idleness,  law  for  prevention  of,  366. 
Idolatry  punished  with  death,  576. 
Incest  punished  capitally,  593. 
Indians,  laws  concerning,  67,  593 ; 

report  of  conspiracy  anions.  117; 

liquors  not  to  be  sold  to,  l'.J5,  2H),  2'J9  ; 

horses  and  boats  not  sold  to,  217  ; 

dogs  not  to  be  sold  to,  362. 
Inhabitants  unacceptable,  how  disposed  of,  217, 

610. 
Innkeepers,  law  regulating,  595. 
Iron-work,  orders  encouraging,  149,  153,  173, 

175,  454. 

Jackson,  Henry,  229. 

Jacobson,  Capt.  Seymour,  91. 

Jagger,  Elizabeth,  75. 

Jagger,  Jeremiah,  56,  61,  106,  141,  189,  204, 

216,  293 ; 

tried  for  sedition,  62. 
Jamaica,  colony  invited  to  remove  to,  180. 
Jefferd,  John,  497,  542; 
Jeffrey,  Thomas,  129,  306,  309,  355,  446. 

Jeffs, ,318,379. 

Jessup,  Edward,  204,  319. 
Johnson,  Derrick,  336, 338. 
Johnson,  Richard,  424,  444. 
Johnson,  Robert,  447. 
Johnson,  Thomas,  152,  260,  498. 
Jones,  Mr.,  83.  88. 
Jones,  Mrs.,  8l,  85. 
Jones,  Benjamin,  391. 
Jones,  Cornelius,  381,  383, 487. 
Jones,  John,  257. 

Jones,  William,  455,  458,  476,477,484,  491,497, 
•    500,  504,  513, 516,  522,  540,  546, 552  ; 

magistrate,  451,  488 ; 

autograph  of,  469  ; 

commissioner  to  Hartford,  542  ; 

deputy  governor,  543. 
Jordan,  Elizabeth,  449. 
Jordan,  Thomas,  23 ; 

deputy  for  Guilford,  2,  4, 18,  36,  47,  50,  58, 

68, 100, 117, 119  ; 

commissioner  to  Massachusetts,  5,  101. 
Judson,  William,  137, 154,  292,  .306,  483. 

Kimberly,  Abraham,  58. 


Kimberly,  Nathaniel,  150. 

Kimberly,  Thomas,  140,  345,  357,  425,  454 ; 

marshall,  1,  91, 140,  168,  213,  231,  297,  359, 

402. 
King,  Thomas  Adtims  suspected  to  be  the,  60  ; 

court  considers  application  to  the,  418  ; 

proclaimed,  423  ; 

letter  of  the,  499. 
Kingsnoth,  Ileury,  257. 
Kitchen,  Robert,"286,  307,  449,  453  ; 

deputy  for  Guilford,  195,  403,  418,  422,  429, 

451,477,488,500. 
Kitchen,  Samuel,  435,  438,  448,453. 
Kuapp,  goodwife,  123; 

executed  at  Fairfield  for  witchcraft,  78. 
Knapp,  Joshua,  322. 
Knight,  John,  1.37. 

Lake,  Mr.,  307,  .355. 

Lamberton,  Deliverance,  269,  288. 

Lamberton,  Elizabeth,  29,  31,  269. 

Lamberton,  George,  259, 269. 

Lamberton,  Hannah,  29,  34,  269. 

Lamberton,  Hope,  Mercy,   Desue,  Obeilieuce, 

269. 
Lamson,  goodman,  31. 
Langden,  Thomas,  179,  209. 
Laugden,  Isabell,  209. 
Larrabe,  [Greenfield,]  204. 
Larremore,  George,  306. 
Larremore,  goodwife,  29. 

Lattimor, ,  295. 

Law,  Jonathan,  164. 

Law,  Richard,  105,  145,  176,  185,  204,  2',);J,  o22, 

336,  351,  363,  381,  459,  467, 471,  486 ; 

deputy  for  Stamford,  2.  4,  IS,  47,  .51),  ."^.S,  6S, 

92,  96,  119,  141,  147,  169,  214,  232,  2.35  297 

403,  405,  418,  42'J.  451,  477,  480, 5UU,  513,' 544  j 

constable,  2,  oGl* ; 

chai-va  uitli  lual-aiUiiiuistration,  162; 

sulnuirst.,,,a,,,ertieut,550. 
Laws,  n,.l..r...l  i„  ],.  printe,!,  146,154,  186. 
Law  bunk,  aaditii.ns  and  alterations  of,  198,216, 

219,  232,  360,  366,  404,  439,  452. 
Laws  without    penalty,   provision   respecting, 

Lawde,  John,  165. 

Lawrisson,  Lawrence,  337,  338. 

Leather  not  to  be  carried  out  of  the  colony,  472 

489 ;  ■'  >        ' 

law  regulating  tanning  of,  597. 
Leeke,  Philip,  417. 
Leete,  William,  2,  3,  4,  14,  18, 23,  29,  36,  3S  47 

50,  66,  68,77.  92,  HI.  117,  119,  121,  124.  127' 

132,143,  l.-.Tv-:   i-  ■  -^:,  189, 195, 19S, v„i' 

226,242,  J  .117.422,449,465 

477, 492,  -1  ,  '        '        ' 

magistrat:-.  !       i  ,  \  'J13  ; 

commissioner  tij  Massamusetts,  5,  101 ; 

letter  received  from,  107 ; 

commissioner  for  united  colonies,  140    168 

213,  231,  297,  359,  402,  451, 488 ;  '         ' 

deputy  governor,  231,  297,  359 ; 

governor,  402,  450,  488,  543  ; 

addresses  the  freemen,  450,  470  ; 

autograph  of,  469  ; 

letter  of  to  Massachusetts,  540. 
Leverieh,  WlUiuiu,  89,  122,  135  ; 

desires  that  Oyster  Ray  may  be  admitted,  98, 

144 ; 

desires  that  Huntington  may  be  received  into 

the  colony,  237. 
Leverett,  Capt.,  100,  107,  420,  423. 
Lewis,  William,  54. 
Lindon,  Henry,  15S,  259.  2>^n,  .307,  356,  400  ■ 

deputy  for   Aew   ilaveu,   2,  4,  IS,  36,  47,' 50, 

58,  68,  92,  lul,  107,  117, 119,  127,  297,  360. 
Ling,  Uenjamin,  122,  199,  287,  293,  3U9. 
Linn,  497,542. 
Little,  John,  355: 


622 


INDEX. 


Lockwood, ,  273. 

Lockwood,  goodwile,  81,  85. 
Lockwood,  Jonathan.  322,  340,  382. 
Lockwood,  Joseph,  340. 
Lockwood,  Deborah,  83. 
Lockwood,  Robert,  82. 
Lockwood,  Susan,  82. 
Loper,  Jacobus,  384,  399,  440. 
Lord,  Richard,  440,  448. 
Lord,  Mr.,  309,  355. 
Luddington,  William,  485. 
Ludlow,  Roger,  45,  58,  122  ; 

letter  received  from ,  47 ; 

going  to  Virginia,  69  ; 

sxispects  goodwife  Staples  of  witchcraft,  77. 
Lum,  John,  398. 
Lying,  law  against,  598. 
Lynes,  Ralph,  262,  390. 
Lyon,  Richard,  84,  87. 
Lyon,  Thomas,  85,  87. 

Magistrates,  nomination  of  regulated,  439,  479  : 
not  to  sit  when  related  to  parties,  599. 

Mannatoes,  69, 125,  337,  341. 

Manning,  Capt.  John,  vessel  of  seized,  68. 

Mansfield,  Richard,  158. 

Mapes,  Thomas,  291,  353. 

Marriage,  law  regulating,  599. 

Marshall,  Mr.,  309. 

Marshall,  Richard,  265. 

Marshall,  Thomas,  243. 

Martin,  Capt.  Robert,  180,  3-55. 

Mason,  Major  John,  108, 118,  220,  478,  498. 

Massachusetts,  122, 147, 173,  310,  327  ; 
interpretation  by,  of  confederation,  disliked, 

4; 

letters  to,  5,  40,  114, 196,  420,  540  ; 

letters  from,  18,  19,  20,  38,  111,  114 ; 

declared  to  have  broken  the  confederation, 

36,  101 ; 

propose  to  revise  articles  of  confederation,  38  ; 

appoint  a  synod,  195  ; 

letters  from  relating  to  Goffe  and  Whalley, 

387, 419. 
Mathews,  Thomas,  314. 
Maverick,  Mr.,  309. 
Mayoe,  Samuel,  72,  75,  135  ; 

his  vessel  seized  by  Baxter,  48, 52. 
Mead,  John,  162.  218,  229,  459  ; 
Mead,  Joseph,  123, 168,  205,  229,  319,  322,  379, 

Mead"  William,  218. 
Meaker,  WUham,  59,  224,  262 
Meigs,  John,  170, 250,  450,  639 ; 

constable  for  Connecticut,  at  Guilford,  483. 
Meigs,  Mark,  191. 
Meigs,  Vincent,  450. 
Merriman,  Nathaniel,  409. 
Middleborough,  11. 
Miles,  Richard,  Deacon,  90,  91,  158,  180,  202, 

258,  293,  308,  354,  400,  483. 
Miles,  Richard,  jr.,  426. 
Milford,  2,  4, 18,  26,  36,  47,  48,  50,  53,  58,  66, 

68,  84,  90,  99,  104, 108, 119, 121, 125, 127, 132, 

148, 156,  158, 181,  203,  209,  220,  232,  453; 

takes  Capt,  Manning's  vessel,  69; 

offers  £100  for  the  college,  142  ; 

troopers  raised  from,  173  ; 

object  against  settlement  of  Paugasset,  178; 

action  of,  against  Henry  Tomlinson,  182 ; 

house  burnt  at,  384,  389  ; 

order  to  search  for  regicides  at,  388 ; 

troubles  in  church  at,  542  ; 

submits  to  Connecticut,  550. 
Military  provisions,  173,  601. 
Mills,  James,  204.  248,  379,  392,  411. 
Mills,  Richard,  75,  121,  166,  204,  325,  348,  351, 

487. 
MUls,  Samuel,  487. 
Minor,  Mr.,  458. 


MitcheU,  Mr.,  326. 

Mitchell,  Thomas,  806,  357. 

Moody,  Sir  Henry,  73. 

Moore,  Thomas,  52,  66,  159,  358,  393,  406  ; 

decUnes  oath  of  fidelity,  51 ; 

deputy  for  Southold,  232 ; 

constable,  236. 
Moore,  Thomas,  jr.,  285,  302,  313,  351. 
More,  Nathaniel,  397. 
Morris,  Capt.,  355. 
Morris,  Thomas,  317. 
Mosse,  John,  91 ; 

deputy  for  New  Haven,  544. 
Moulthrop,  Matthew,  257,  270,  294,  349,  464, 

485. 
MuUener,  Thomas,  224,  254,  258,  292,  307. 
Munson,  Thomas,  91,  108,  129,  257,  286,  483, 

484; 

proposes  to  remove  to  Delaware,  128  ; 

deputy  for  New  Haven,  488,  544. 

Murwin, ,  252. 

Mygatt,  Joseph,  307. 

Nash,  Timothy,  286. 
Nash,  Thomas,  286. 
Nash,  John,  Lieutenant,  91,  140,  226,  257,  259, 

276,  286,  400,  410,  416,  446,  449,  484,  536; 

chief  military  oflScer  for  New  Haven,  52  ; 

deputy  for  New  Haven,   297,  360,  403,  477, 

500,513,540; 

magistrate,  543. 
Neale,  Edward,  230. 
Netleton,  Martha,  201. 
Nevius,  Johannes,  338. 

New  Amsterdam,  extract  from  records  of,  337. 
New  Haven,  2,  4,  15,  18,  36,  47,  48,  60,  58,  61, 

91,  104,  119, 127, 156, 181, 388,  471 ; 

to  provide  horses,  103 ; 

college  proposed  at,  141 ; 

vote  to  maintain  their  own  deputies,  145  ; 

fairs  at  discontinued,  147 ; 

men  sent  from  to  protect  Indians,  171 ; 

troopers  raised  from,  173 ; 

grammar  school  settled  at,  370. 
New  Haven  case  stated,  517  ; 

answer  to,  530. 
New  London,  396. 
Newman,  Francis,  2,  3,  4,  18,  26,  29.  47,  48,  50, 

58,  61,  66,  77,  100, 107, 117, 119, 121, 124, 127, 

129, 132,  150, 153, 154, 158, 182,187,189,195, 

108,201,226,242,258,  345; 

magistrate,  1,  91,  140,  168,  213  ; 

secretary,  1,  91, 140,  168,  213; 

commissioner  for  united  colonies,  111,  168. 

213,  231 ; 

governor,  231,  297,  359  ; 

arrested  at  Connecticut,  309,  367  ; 

illness  of  referred  to,  378,  384 ; 

will  of  presented,  400  ; 

charges  of  funeral  borne  by  public,  405. 
Newman,  Thomas,  486. 
Newman,  William,  56,  61,  100,  204,  255,  301, 

380; 

tried  for  sedition,  64. 
Newton,  Roger,  autograph  of,  469. 
Nichols,  Mr.,  275,  306. 
Nichols,  Adam,  448. 
Nicholson,  Henry,  216. 
Ninigret,  113,  116,  117,  153; 

men  sent  against,  119. 
Northampton,  190,  393. 
Northrop,  Joseph,  486. 

Nm-ton,  Humphrey,  proceedings  against,  232. 
Norton,  John,  186,  422. 
Norwalk,  61,  245,  339,  381,  461 ; 

laud  in  controversy  with  Stamford,  99,  104. 
Notus,  Martin,  73. 

Oath  of  fidelity,  616; 
some  decUne  taking,  51,  285,  302,  313 ; 


INDEX. 


623 


Oath  of  fidelity,  to  be  taken  by  all  males  of  six- 
teen and  upward,  57 ; 
explained,  285. 

Odell,  John,  54. 

Odell,  goodwife,  82. 

Ogden,  John,  89,  191,  355,  394. 

OUver,  WilUam,  242,  322. 

Osbome,  Mr.,  415,  416. 

Osborne,  Jeremiah,  208,  230,  311, 401. 

Osborne,  WilUam,  485. 

Osman,  Thomas,  349. 

Overin,  John,  401. 

Oyster  Bay,  89,  203,  335 ; 
Mr.  Leveridge  desires  it  may  be  admitted  into 
the  colony,  98,  144. 


Packers  to  be  chosen,  24. 
Paine,  John,  407,  466. 
Paine,  Mercy,  467. 
Paine,  WiUiam,  275,  306,  466. 
Paine,  Peter,  and  Elizabeth,  358. 
Palmer,  John,  416. 
Palmer,  William,  296. 
Pahnes,  Edward,  341. 
Parker,  Edward,  54,  415,  416,  484. 
ParUament,  order  of  referred  to,  55. 
Pannerly,  John,  356. 
Patrick,  Oapt.,  144. 
Patterson,  Edward,  59. 
Paugasset,  77, 148,  232;  376,  410,  478,  490; 
propositions  for  settlement  of,  156,  221,  361 ; 
Milford  objects  against,  178 ; 
bounds  of,  222 ; 

to  be  deserted  unless  settled,  298 ; 
to  send  in  Usts,  303. 
Peace,  disturbers  of,  how  punished,  198,  585. 
Peakin,  John,  143,  257 ; 
f    licensed  to  sell  liquors,  97 ; 
deputy  for  Southold,  92,  100  | 
constable,  9?. 
Peck,  Henry,  91. 
Peck,  Jeremiah,  472 ; 
api>«inted  schoolmaster,  377  ; 
propositions  of  concerning  school,  407. 
Peck,  Joseph,  264. 
Peck,  William,  Deacon,  341,  356,  400,  425,  447, 

449,484. 
Peirson,  Abraham,  108,  301,  349,  377,  408,  455, 
464; 

one  of  committee  to  draw  up  history,  217 ; 
action  of  against  John  Cooper,  270,  294 ; 
desired  to  go  to  Stamford,  364 ; 
autograph  of,  469. 
Peirson,  Henry,  190. 
Peirson,  Stephen,  225. 
Pell,  Lucy,  81,  85. 

PeU,  Thomas,  81,  272,  277,  315,  339,  439. 
Penington,  Ephraim,401. 
Penington,  Widow,  423,  443. 
Penny,  Capt.  John,  351,  359,  380, 387 ; 

seizes  Mr.  Raymond's  vessel,  327. 
Penoyer,  Poynere,  Robert,  326,  380,  383. 
Pepper,  William,  410. 
Perkins,  Edward,  306,  309. 
Peterson,  Hanc,  216. 
Petty,  Edward,  285,  802,  313,351. 
Pigg,  Robert,  401. 

Planters,  how  admitted,  98,  217,  610. 
Piatt,  Richard,  158,  203. 
Plum,  Robert,  158. 

Plum,  Samuel,  186,  318,  347,  378,  423,  443. 
Plum,  widow,  179,  214. 
Plymouth,  38,  75, 115, 194,  217 ; 
letters  sent  to,  109,  117,  500,  541 ; 
vessel  belonging  to,  seized,  48. 
PoUett,  Lawrence,  73,  74. 
Ponas,  459. 

Post, ,  273. 

Potter,  Joseph,  466. 
Potter,  WilUam,  158,  252  ; 


Potter,  William,  freed  from  watching,  180 ; 

trial  of,  440 ; 

his  will  presented,  466,  484. 
Prence,  Thomas,  45. 
Preston,  Edward,  268,  307,  341,  345. 
Preston,  Hannah,  265. 
Preston,  Joseph,  264. 
Prime,  James,  264. 
Prison  to  be  repaired,  234. 
Prudden,  Peter,  137,  178, 197 ; 

to  preach  election  sermon,  66  ; 

will  presented,  2(13. 
Prudden,  Mrs.  Joanna,  203,  390,  424. 
Public  charges,  law  regulating,  360,365,  581. 
Purdy,  goodwife,  82. 
Purrier,  William,  161,  353,  358 ; 

deputy  for  Southold,  4, 169,  403 ; 

constable,  172. 
Pyamikee,  104, 107. 

Quakers,  364,  412 ; 
laws  against,  217, 238,  363  ; 
proceedings  against  Humphrey  Norton  ap- 
proved, 233  ; 

trial  of  Richard  Crabb,  238  ; 
of  Edmund  Barnes,  276 ; 
of  Arthur  Smith,  291. 

Rabbina,  John,  251. 

Rates  ordered,  15,  45,  46, 104, 149, 181,220, 238, 

304,  376,  410,  457,  478,  489,  502,  542,  5.52 ; 

measures  taken  for  collection  of,  502. 
Rawlings,  Alice,  394. 
RawUngs,  Roger,  396. 
Rawson,  Edward,  19,  40,  114,  195,  318,  378, 

419. 
Raymond,  Lemuel,  347. 
Raymond,  Joshua,  351. 
Raymond,  Richard,  347, 351,  417  ; 

his  vessel  seized,  327. 
Ray  nor,  Thurston,  192. 
Reanolds,  Jonathan,  216,  323. 
RebelUon,  law  against,  577. 
Records  of  births,  marriages  and  deaths  to  bo 

kept,  607. 
Reeves,  goodman,  353. 
Regicides,  415,  437,  451 ; 

letter  for  their  apprehension,  387,  419. 
Rhode  Island,  13,  199,  355,  499 ; 

calls  in  Baxter's  commission,  52,  77. 
Richalls,  Sigismund,  274,  313,  348. 
Richards,  James,  516. 
Richards,  Samuel,  137,  485. 
Richards,  Thomas,  137. 
Richardson,  John,  122,  162,  218,  229. 
Richardson,  Martha,  122. 
Rider.  John,  299. 

Rider;  Thomas,  285,  302,  313,  350,  351. 
Roawayton,  104. 
Roberts,  John,  198,  287. 
Roberts,  WilUam,  440. 
Robinson,  ^Valter,  trial  of,  132. 
Rogers,  James,  23,  142,  200, 206,  229,  303. 
Ronkenhegue,  105. 
Ross,  John,  123. 
Rossiter,  Bray,  Bryan,  440,  512,  527,  530  ; 

denies  authority  of  the  colony,  429,  454  ; 

his  acknowledgment,  456  ; 

goes  to  Connecticut  with  the  New  Haven 

Declaration,  513  ; 

petitions  Connecticut,  537,  539. 
Rossiter,  John,  429,  440,  512  ; 

tried  for  sedition,  436,  454 ; 

acknowledgment  of,  456. 
Rotherford,  Henry,  202,  317,  411. 
Row,  Mathew,  485. 
Roxbury,  122. 
Rudd,  Jonathan,  252. 
Rugg,  Robert,  204. 
Russell,  WUliam,  257,  357,  485. 


624 


INDEX. 


Sabbath  breaking,  how  punished,  605. 

Sagatuck,  106. 

Salaries  granted,  15,  99, 181,  221,  236,  304,  364 

405,472,490,504. 
Salem,  52, 97, 327,  355,  359, 417. 
Sandford,  Thomas,  183,  389. 
Sargant,  John,  186. 
Saybrook,  252,  275,  355,  410. 
Scarbrough,  [Edmund,]  58. 
Schools,  law  concerning,  219,  301,  583; 

colony,  laid  down,  471,  see  Education. 
Seofield,  Daniel,  320,  486. 
Scott,  John,  89,  92,  497, 510,  515,  540,  550 ; 

to  obtain  patent  for  Delaware,  515. 
Scott,  Philip,  277,  346. 
Scott,  Thomas,  164. 

Scranton,  John,  deputy  for  Guilford,  513. 
Seal  procured  for  the  colony,  147,  186. 
Seatauket,  348,  400. 
Sedgwick,  Major  Robert,  100.  107, 180. 
Seely,  Itobert,  66,  89  ; 

captain  against  the  Dutch,  108; 

sent  to  Long  Island,  118  ; 

against  Ninigret,  120 ; 
'    petitions  for  pay,  128  ; 
Seely,  Nathaniel,  317. 
Seely,  widow,  348. 

Seryants  not  to  be  sold  out  of  the  colony,  177. 
Shawe,  Edmund,  193. 
Sheafe,  Mrs.,  307,  309,  315,  355,  449. 
Sheather,  John,  5.39; 

tried  for  sedition,  439. 
Shelter  Island,  89,  190,  364. 
Sherman,  Samuel,  549. 
Shervington,  Thomas,  83,  86. 
Sherwood,  goodwife,  79,  84,  87. 
Ship  Susan,  387,  417. 
Shoes,  complaint  of  prices  of,  215 ; 

to  be  made  of  standard  sizes,  301, 361 ; 

to  be  made  of  good  leather,  597. 
Silvester,  Giles,  90,  190. 
Silrester,  Capt.  Nathaniel,  89, 92, 122, 190,  364, 

Simkins,  Daniel,  325. 

Simkins,  Vincent,  159. 

Single  persons  not  to  live  by  themselves,  608. 

Skidmore,  Richard,  348. 

Slawson,  George,  76,  105,  163,  243,  319,  3.36  ; 

deputy  for  Stamford,  215,  500 ; 

marshall  for  Stamford,  304. 
Smith,  Arthur,  trial  of,  291. 
Smith,  George,  224,  200,  262,  485. 
Smith,  Richard,  348,  400,  499. 
Smith,  Thomas,  539. 
Smith,  William,  237. 
Solman,  William,  350,  353. 
Southampton,  121,  190. 
Southold,  4,  15,  67,  92,  96,  97,  98, 103,  104,118, 

120,  149,  159,  169,  173,  214,  218,291,  299,350, 

360,  392, 411,  452, 483 ;  '       '        '       J 

deputies  appointed  for,  2  ; 

constable  appointed  for,  95, 172,  215, 236,  304 ; 

complaint  of  wrong  done  to  Indians  at,  16  ; 

sundry  at,  refuse  oath  of  fideUty,  51,  285, 

302,318;  '       ' 

disorders  at,  17,  51,  93, 434  ; 

magistrates  sent  to,  66,  143  ; 

military  officers  chosen  for,  97  ; 

proposal  to  set  up  steel  works  at,  158 ; 

marshal  to  be  chosen  for,  215  ; 

desires  to  repurchase  Mattatock,  233,  .302  ; 

Quakers  disturb,  233 ; 

commissioners  for,  406,  456 ; 

court  send  orders  to,  456  ; 

accepted  under  government  of  Connecticut, 

465. 
Spencer,  Hannah,  134,  154. 
Spcnning,  Spinage,  Humphrey,  128,  202,  306, 

411. 
Sperry,  Richard,  262.  1 


Squire,  goodwife,  84. 

Stamford,  43,  48,  50,  53,  58,  68,  75,  92,104,119, 

122,  128, 134, 141,  145, 149,  159. 163, 176,189 

204,  242,  256,  293,  297,  300, 326;  351, 861, 366, 

452,  465,  471,  478,  483,  501,  550 ; 

constable  chosen  for,  2,  304,  369 ; 

deputies  chosen  for,  96,  147,  172,  214,  235, 

405,  452,  489 ; 

request  pay  for  their  soldiers,  16 ; 

disorders  at,  28,  47,  48,  55,  59,  95,  177,  215, 

303,  813,  484,  478 ; 

magistrates  sent  to,  44,  863,  452,  457  ; 

marshall  chosen  for,  215,  304 ; 

land  in  controversy  between  NorwaUc  and, 

99, 104 ; 

complains  of  Greenwich,  144 ; 

troopers  raised  from,  178 ; 

propositions  of,  452  ; 

John  Whitmore  murdered  at,  458  ; 

accepted  under  Connecticut,  466. 
Stanton,  Mr.,  105. 
Stanton,  Thomas,  119. 
Staples,  Thomas,  288,  306  ; 

Mr.  Ludlow  slanders  wife  of,  77, 122. 
Steedwell,  Thomas,  216. 
Steele,  Samuel,  379,  449. 
Stendam,  Mr.,  416. 
Stephens,  Stevens,  John,  539. 
Stephens,  Sunon,  397. 
Stephens,  Thomas,  109,^31,  539. 
Stephens,  ■\VilUam,  484,  539. 
Sterling,  Lord,  300. 

Stiles'  Judges,  error  in,  corrected,  438. 
Stillwell,  Jasper,  257. 
Stocke,  goodwife,  123. 
Stokey,  goodman,  380. 
StoUon,  Mr.,  Mrs.,  306. 
Stone,  Samuel,  466,  468. 
Stone,  William,  286,  418,  438,  449. 
Story,  John,  411. 
Strang,  John,  318. 
Stratford,  121, 149,  150,  256,  809,  340,  -367,  418, 

490; 

witch  executed  at,  81,  85. 
Strays,  law  concerning,  155,  236,  609. 
Street,  Nicholas,  377,  408,  455,  514,  522. 

autograph  of,  469. 
Swaine,  Samuel,  deputy  for  Branford,  2,  4,  18, 

36,  47,  50,  58,  68,  96,  141,  148,  1.53,  109,  172, 

195,  214,  215,  232,  298,  403,  418, 422, 429, 451, 
477,  500,  513 ; 

chief  military  officer  at  Branford,  52. 
Swasey,  John,  285,  302,  ,313,  351. 
Swearing,  prophane,  how  punished,  096. 
Synod,  Massachusetts  appoints,  195. 

Talcott,  Mr.,  368. 

Talcott,  John,  448,  496. 

Taphanse  suspected  of  murdering  Jolin  Whit- 
more, 458,  478. 

Tapp,  Edmund,  90. 

Tapp,  Mrs.,  290,  380. 

Tapping,  James,  389. 

Taquatoes,  459. 

Taylor,  Gregory,  185, 141,  487. 

Taynter,  Charles,  120. 

TerriU,  Roger,  202. 

Terry,  goodman,  358. 

Thanksgiving  days  appointed,  l.'Vl.  194.  270. 
327,  383,  425,  465,  502. 

Theale, ,  67. 

Then,  Nicholas,  293. 

Thomas,  John,  199. 

Th^pe,  goodwife,  29, 35,  l.''>2. 

Tfbballs,  Serjeant,  108. 

Tichenor,  goodwife,  36. 

Ting,  Mr.,  307. 

Tinker,  John,  390. 

Tobacco,  not  to  be  taken  in  streets,  148      ,. 

Tod,  Grace,  543.  ^ 


625 


Todd,  Christopher,  251,  275,  306,  416,  447. 

Todd,  John,  430. 

Tompkins,  Michael,  158,  280,  449. 

Tompson,  Anthony,  139. 

Tompson,  John,  80,  84, 128,  158, 198,  248,  315, 

31G. 
Tompson,  William,  401. 
Tomlinson,  Henry,  230 ; 

charged  with  disturbing  Milford.  182 ; 

fined,  185 ; 

sentence  respited,  207  ; 

action  against  for  forfeitures,  255, 284  ; 

causes  governor  Newman's  arrest  at  Connec- 
ticut, 309,  367. 
Tooley,  Edmund,  295,  390,  464. 
Towns  to  provide  for  their  magistrate  and  dep- 
uties, 49. 
Town  meetings,   persons  not  to  depart  from 

without  leave,  172. 
Treate,  Robert,  72,  75,  179,  203,  233,  377,  384, 

389,  425,  429,  440,  449,  4.55,458,  477,483,497, 

500,  504,  516,  536,  540,  551 ; 

deputy  for  Milford,  2,  4, 18,  36,  47,'.50, 58,  68, 

92, 100, 107, 117, 119, 127, 141, 153, 169,  231 ; 

lieutenant  for  Milford,  99 ; 

freed  from  watching,  177  ; 

magistrate,  297,  359,  402,  451,  543  ; 

captain  for  Milford,  410  ; 

autograph  of,  469 ; 

commissioner  to  Hartford,  542. 
Tredwell,  Edward,  350. 
Troopers,  to  be  raised,  173,  218,  365,  503"; 

to  train  four  times  a  year,  302  ; 

order  concerning  repealed,  489,  550. 
Trowbridge,  WilUam,  269,  307,  341,  508. 
Trye,  [Michael,]  83.  « 

Tuckee,  George,  67,  351. 

Tucker,  John,  proposes  to  make  stegl,  153,  353. 
Turry,  Thomas,  452,  456,  478. 

Turner, ,  163. 

Turner,  Edward,  265,  268. 
Turnerj  Lawrence,  216. 
Turner,  Robert,  217. 
Tuttill,  Henry,  97. 
Tuttill,  Thomas,  139. 
Tuttle,  -WiUiam,  292. 

Ufflt,  Uffoot,  John,  201,  209,  418. 
Uffit,  Thomas,  418. 
Uncas,  460. 

Underbill,  Capt.  John,  27,  52,  400. 
Usher,  Elizabeth,  293. 
Usher,  Robert,  293,  483  ; 
constable  for  Connecticut,  at  Stamford,  466. 

Van  Brugge,  Carell,  337. 

Van  Goodenhouse,  Samuel,  133,  194,  255,  341, 

387,  416. 
VarUier,  Jan,  216. 
Vicars,  Anne,  199. 
Vicarson,  Philemon,  291. 
Vincent,  John,  357. 
Vincent,  Peter,  137. 
Virginia,  58,  69,  121, 142,  206,  228,  817. 
Vowles,  Richard,  constable  for  Connecticut,  at 

Greenwich,  466. 

Wadsworth,  VVilUam,  448. 

Wakefeid,  John,  400. 

Wakeling,  Henry,  418. 

Wakeman,  Esburne,  391. 

Wakeman,  John,  148,  170,  198,  203,  258,  259, 

286,  302,  305,  306,  310,  356,  379, 400,  405, 453, 

472; 

treasurer,  140, 168,  214,  231,  297,  359  ; 

deputy  for  New  Haven,  141,   153,  169,  195, 

214,231,360; 

declines  magistracy,  402 ; 

about  to  remove,  416  ; 

his  will,  447. 

79 


Wakeman,  Samuel,  306,  448,  453. 

Walker,  Mr.,  276. 

Walker,  John,  357. 

Walker,  Mary,  401. 

Ward,  Andrew,  80,  83  ; 

Ward,  Hester,  80,  85. 

Ward,  Josias,  208,  295. 

Ward,  John,  428,  445. 

Ward,  Lawrence,  186,  236,  300,  389,  452 ; 

deputy  for  Branford,  96,  100,  107,  117,  119, 

127, 148, 172,  231,  298,  403, 418,  422,  429, 451, 

477,  488;  500,  .544. 
Ward,  Samuel,  208. 
Warlock,  John,  390. 
Washborne,  Mr.,  90. 
Waterbury,  John,  159. 165,  229,  243,  487  : 

deputy  for  Stamford,  215,  235. 
Waters,  Anthony,  349. 
Waters,  Joseph,  206,  273,  452. 
Watson,  Edward  and  Grace,  401. 
Webb,  Richard,  61,  67. 
Webb,  goodwife,  123. 
Weeden,  Thomas,  2-30. 
Welch,  Thomas,  90,  424,  444  ; 

deputy  for  Milford,  92, 100, 107, 117, 119, 127, 

141, 153,  213,  231,  297,  403,  418,422, 429, 488, 

500,  544. 
Welles,  Mr.,  80, 117,  490. 
Wells,  WiUiam,  97,  160, 173,  300,  302,  348,  350, 

351,  353,  358,  392,  397,  400,  413  ; 

deputy  for  Southold,  4,  298  ; 

constable,  215,  304 ; 

letter  received  from,  51,  478  ; 

desires  to  be  freed  from  oflSce,  96. 
Westall,  John,  199,  294,  309,  349,  355,  465. 
Westerhouse,  William,  133, 162, 194,  255,  487. 
Wetherell,  Daniel,  411. 
Wethersfield,  296,  444. 
Wheadon,  Thomas,  250. 
Wheeler,  Thomas,  203,  232,  272,  384,  418,  440, 

444,  503 ; 

desires  to  unite  with  the  colony,  490. 
Wheeler,  Elizabeth,  203. 
Wheeler,  John,  317. 
White,  Ann,  192. 
Wliitehead,  John,  208. 
Whitehead,  Samuel,  91, 108. 
Whitfield,  Henry,  197,  301,  306. 
Whitfield,  Nathaniel,  425. 
Whithar,  Abraham,  398. 
Whiting,  Mr.,  544. 
Whitlocke,  goodwife,  84. 
Whitman,  Joseph,  150. 
Whitman,  Mrs.,  290. 

Whitman,  Zachariah,  264,  266,  280,  289,  390. 
Whitmore,  John,  159,  458. 
Whitnell,  Jeremy,  29,  306. 
Whitney,  Henry,  350. 

Whorce, .  71. 

Wigglesworth,  Edward,  23,  90. 

Wiggles  worth,  widow,  102. 

Wilford,  John,  186. 

Willard,  Major,  153. 

WiUet,  Thomas,  499. 

WiUiams,  goodwife.  208. 

Williams,  Roger,  181. 

Willman,  Isaac,  192. 

Wills  and  inventories,  law  concerning,  612  ; 

presented,  90,  138,  158,  186,  202,   257,  286, 

293,356,400,446,483. 
Wilson,  Edward,  133. 
Windes,  Barnabas,  97,  292,  358,  400. 
Wines  and  liquors,  impost  on,  145,   234,  452, 

591. 
Winslow,  Josiah,  496. 
AVinston,  John,  445. 
Winthrop,  John,  467,  471,  474,  496,  501,  517 ; 

invited  to  remove  to  New  Haven,  120  ; 

his  letter  to  Major  Mason,  498. 
Winthrop,  Waite,  512. 


626 


INDEX, 


Witchcraft,  law  against,  576 ; 
Elizabeth  Goodman  suspected  of,  2 
Goodwife  Staples  accused  of,  77  ; 
Goodwlfe  Knap  hung  for,  78 ; 
Goodwife  Bassett  executed  for,  81  : 
Thomas  Mullener  suspects,  224. 

Witnesses,  law  concerning,  614. 

Wolcott,  Henry,  Mr.,  274,  306,  516. 

Wolves,  reward  for  kilhng,  615. 

Wood,  Capt.,  91. 

Wood,  George,  trial  of,  187. 

Wood,  John,  209,  464. 

Wood,  Jonas,  121,  139, 149, 190,  247 ; 
agent  for  Huntington,  236,  299. 

Woodward,  Lambert.  189. 

Wooster,  Edward,  298,  362. 


151; 


Wyllys,  Samuel,  300,  466,  476,  478,  495,  612, 
516,  544 ; 
present  at  Mr.  Rossiter's  trial,  454. 

Yale,  Thomas,  370,  484. 

Yew,  Thomas,  190. 

Youngs,   Rev.   John,   52,  143,   158,  161,  234, 

348  ; 

letter  received  from,  66. 
Youngs,  Capt.  John,  56,  89,  93,  220,  369,  392, 

397,  400,  412,  478  ; 

makes  disturbance  at  Southold,  51  ; 

commissioner  for  Southold,  406  ; 

deputy  for  Southold,  at  Connecticut,  465. 
Youngs,  Joseph,  93,  285,  302, 313,  351,  358. 


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